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: ...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: ...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: ..., 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: ...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: ...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: ...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: .... 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: ...d to defendant pursuant to a written credit card agreement. Defendant used the credit card to purchase goods and services and, pursuant to the credit card agreement, agreed to repay the principal along with interest and other charges. On January 9, 2019, defendant stopped making any further payments on the account. There is currently due and owing to plaintiff the sum of $9,422.92, plus interest and penalties. On October 8, 2019, plaintiff filed ...

Excerpt: ...rty located at 6663 Del Playa Drive (Plaintiffs' Property or Damaged Property), and 6653 Del Playa Drive (the “Offending Property”), in the Isla Vista area of Goleta, failed and collapsed onto the beach below. (Note: The term “Offending Property” is used to describe this property in the complaints and demurrers and is used in that same sense here.) On January 13, 2020, plaintiffs filed their original complaint in this action, alleging cau...

Excerpt: ...rt cannot address the merits of the motion until entry of default, filed on August 12, 2020, has voluntarily been set aside. Although overlooked by plaintiff, entry of default was made one day before the notice of conditional settlement was submitted to the court, and has been left unabated since. The impact of this is clear. Once default is entered, defendants' right to appear in the action thereafter is cut off. Defendants are “out of court,�...

Excerpt: ...August 17, 2021, Ford filed a motion to amend the judgment pursuant to Code of Civil Procedure sections 187. It asks the court to amend the judgment to add an alias name for defendant Jesse Teniente, Jr., who now goes by the name “Jesus Teniente.” The motion was served by mail on defendant at 338 East Foster Road, Santa Maria, California. In a declaration submitted by Ford attorney David Chen, Mr. Chen declares that after an employment verifi...

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: ...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: ...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: ...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: ...the subject of other motions to quash pending before the court. Background: On July 21, 2021, 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, provides notice to “defendant … ROIC” that it is being sued by “plaintiff … RIBCO ….” (Summons, issued July 21, 2021, p. 1 (July 21...

Excerpt: ...ersion of bank funds and related claims. Plaintiffs are Mark Schaub (“Schaub”) and his limited liability company, TLG Ltd. (“TLG”). Defendants are Andrew Waters (“Waters”) and his limited liability companies, FCP Private, LLC (“FCP Private”) and FCP Corporate (HK) Ltd. (“FCP Corporate”). Schaub and Waters are former business associates, having first met in 2008 when both were living and doing business in Shanghai, China. Schau...

Excerpt: ... she was incarcerated for violation of Vehicle Code Section 23152 (driving under the influence), defendant Stephen Tudor Crozier, a registered financial advisor, stole her identity by forging plaintiff's name on a durable power of attorney and having an acquaintance of his, defendant Dennis Quinn, a registered notary public, notarize the document, thereby granting Crozier full control over plaintiff's property. Thereafter, without plaintiff's kno...

Excerpt: ...upants. Defendant Corpat, Inc., is the registered owner of that vehicle. In the course of attempting to execute a high speed turn onto Butterfly Drive, the Malibu struck plaintiff Jensen, causing serious injuries. Plaintiff named as defendants a variety of individuals and entities, including the City of San Buenaventura, its two involved police officers, the occupants and operator of the Malibu, and entities believed to have owned the rental vehi...

Excerpt: ...ing Trust dated February 7, 2014 RULING The Court will grant the motion, and order that the case be transferred to the Ventura Superior Court. The hearing in this court on the District's motion for prejudgment possession, currently scheduled for October 12, 2021, will be vacated, so that it can be heard and determined following the transfer of the case. Background This is an eminent domain action, in which plaintiff Santa Barbara County Flood Con...

Excerpt: ... Jr. for Cross-Defendant Timothy Morton-Smith RULING The motion of cross-defendant Timothy Morton-Smith to strike portions of the cross-complaint filed by cross-complainants Michelle Schenone and Nick Schenone, a minor, is granted. The Schenones shall have to and including October 15, 2021, to file an amended cross-complaint. BACKGROUND This action concerns a verbal and physical altercation on November 27, 2020, at the Glen Annie Golf Course in S...

Excerpt: ...ll grant defendant's request for sanctions, and will order plaintiff and her attorne y, Anthon y C. Kastenek, to pa y discovery sanctions to Defendant in the amount of $400.43. BACKGROUND Plaintiff issued a records subpoena to a third-party deponent, after which defendant filed a motion to quash the subpoena and for protective order. After a hearing held on July 27, 2021, the motion to quash was denied. The motion for protective order was granted...

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: ...kull 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 Februa...

Excerpt: ...iled complaint against defendants Northstar Senior Living, Inc., and Fountain Square of Lompoc, LLC, for violations of the Private Attorney General Act, pursuant to Labor Code section 2698, et seq. (hereafter, the PAGA). According to the complaint, plaintiff was employed by both defendants, who were agents of each other, between September 2019 and November 2019, as hourly paid, nonexempt employee. Plaintiff alleges that she and other aggrieved em...

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: ...isclosed as public records responsive to the request here at issue. The court intends to conduct an in camera review of the records in advance of the continued hearing. Background: Petitioner Gary D. Gemberling is the successor trustee of the Melvin I. Gemberling and Catherine M. Gemberling Trust, dated June 29, 1989 (the Trust). (Verified Petition, ¶ 5.) The trustors of the Trust were petitioner's parents. (Ibid.) There is pending litigation in...

Excerpt: ...tigation into plaintiff'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 the four causes of action asserted therein, to wit: libel, false light, unfair practices, and tortious interference. Before the Court this day are three defense motions: 1. Motion to compel further responses to RPD Set 1, Nos. 1‐40, 42‐45, and 47; 2. Motion to compel fur...

Excerpt: ...easons more fully articulated below, the Court will deny the motion. Background Plaintiff Victoria Tice is a former employee of defendant Trader Joe's Company. Her complain t Labor Code §§ 201-203, and (2) violation of Labor Code § 2698, et seq. (Labor Code Private A t The complaint defines the class as “All former employees who e employed by Defendants in th e present, whose employment was separated for any reason (voluntary or involuntary)...

Excerpt: ... [email protected]; HEARING Motion for final approval of class action settlement. Motion for attorneys' fees, costs, and expenses, and for representative enhancement payments. RULING The Court will grant both motions. The Proposed Judgment has been submitted and the Court intends to sign it. Background This is a wage and hour action, filed on September 22, 2020, alleging causes of action for (1) failure to properly institute an alter...

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: ...otion “to quash” is GRANTED in part. Pertinent Background This civil action was commenced on 02/26/18 with the filing of a complaint for damages. On 01/11/19, this Court set a trial date of 05/10/19. On 02/11/19, this Court entered the parties' stipulation for a trial continuance to 11/08/19. On 03/15/19, this Court granted a defense motion to compel plaintiffs' attendance at various IMEs. Plaintiffs timely appeared as ordered, and were exami...

Excerpt: ...t is granted in part and denied in part. The motion is granted, without leave to amend, to strike paragraph 14 of the first amended cross-complaint as the improper pleading of evidentiary matter. The motion is in all other respects denied. (3) Cross-defendant Forest Construction Co., Inc., shall file and serve its answer to the first amended cross- complaint, as it exists following the granting in part of the motion to strike, on or before Octobe...

Excerpt: ...ackground: As alleged in plaintiffs' first amended complaint (FAC): Plaintiffs CWI Santa Barbara LP (CWI 1) and CWI 2 Santa Barbara LP (CWI 2) are affiliated limited partnerships. (FAC, ¶¶ 1, 2.) CWI 1 and CWI 2 (collectively, plaintiffs) were at all relevant times joint owners of the real property located at 9301 Hollister Avenue, Goleta, where plaintiffs operate a hotel business known as “The Ritz-Carlton Bacara, Santa Barbara.” (FAC, ¶ ...

Excerpt: ...lse promise; 2) quiet title; 3) quiet title by adverse possession; 4) civil conspiracy; 5) breach of oral contract; 5) breach of implied in fact contract; 6) breach of the implied covenant of good faith and fair dealing; 8) unjust enrichment; and 9) declaratory relief. The allegations involve residential property located at 4345 Santa Maria Mesa Road, Santa Maria (hereafter, real property). Plaintiff was married to Daniel until 2018, when she sec...

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: ...er to the second amended complaint, as it exists following the sustaining of this demurrer, on or before September 27, 2021. Background: As alleged in plaintiffs' second amended complaint (SAC): Defendants Plains All American Pipeline, L.P., and Plains Pipeline, L.P. (collectively, Plains) own and operate a 10-mile long, 24-inch wide oil pipeline known as Line 901. (SAC, ¶¶ 2, 140.) Line 901, with its connecting Line 903 (together, the Pipeline...

Excerpt: ...e of the filing of this petition was a seventeen-year-old student at Westlake High School in Ventura County. Westlake High School is within the school district of respondent Conejo Valley Unified School District (“District”). At the time of the events in this case, Rilee was an honors student and co-captain of the Westlake High School Dance Team. On September 12, 2019, Rilee was summoned to the principal's office after allegedly being accused...

Excerpt: ...poration to file under seal the documents now lodged with the court conditionally under seal, consisting of the documents identified in the notice of lodgment of documents conditionally under seal, dated August 26, 2021. The court orders that those documents, and no other documents absent a prior or subsequent motion and order, to be filed under seal. The parties and their attorneys are authorized to inspect these sealed records subject to the te...

Excerpt: ...ubd. (a)— prohibition dissipates upon discharge);  Person Having Communicated Threat to Psychotherapist (Welf. & Inst. Code, § 8100, subd. (b)(1)—prohibition for period of five years);  Person Adjudicated as Danger to Self or Others or as Mentally Disordered Sex Offender. (Welf. & Inst. Code, § 8103, subd. (a)(1)—lifetime prohibition)  Person Found Not Guilty by Reason of Insanity. (Welf. & Inst. Code, § 8103, subd. (b)(1), (c)(...

Excerpt: ...�) initiated a product recall from all Canadian stores of Landec's 28 oz. bag of Eat Smart Sweet Kale Salad Kit (the “July 2019 Recall”) due to the CFIA finding a positive result of Listeria monocytogenes (“Lm”) in a test sample of the kits. This recall resulted in over $5,500,000 in total loss to Landec. Lloyd's has refused coverage on the basis that the losses did not arise “solely and directly” from the July 2019 Recall, and instea...

Excerpt: ...on or before September 20, 2021. Background: As alleged in plaintiff Robert Stiglmier's second amended complaint (SAC): On October 20, 2019, at approximately 11:30 p.m. to 11:45 p.m., Stiglmier was walking a bicycle on the sidewalk in the 5700 block of Hollister Avenue. (SAC, ¶ 35.) In the moments prior to walking his bicycle, Stiglmier had dismounted from the bicycle in the driveway apron for the Spud Nut Donut Shop located on Hollister Avenue....

Excerpt: ...ubd. (a)— prohibition dissipates upon discharge);  Person Having Communicated Threat to Psychotherapist (Welf. & Inst. Code, § 8100, subd. (b)(1)—prohibition for period of five years);  Person Adjudicated as Danger to Self or Others or as Mentally Disordered Sex Offender. (Welf. & Inst. Code, § 8103, subd. (a)(1)—lifetime prohibition)  Person Found Not Guilty by Reason of Insanity. (Welf. & Inst. Code, § 8103, subd. (b)(1), (c)(...

Excerpt: ...ca.gov; [email protected] HEARING Order to Show Cause re Court Assuming Jurisdiction over Respondents' Law Practice RULING The hearing on the order to show cause will be continued to hold an evidentiary hearin g on the merits of the application of petitioner State Bar of California. The parties are to be prepared to discuss at the hearing of this order to show cause availability for such evidentiary hearing. As set forth herein, after considerati...

Excerpt: ...urrer of Defendant Justin Sell to Complaint (2) Motion of Defendant Justin Sell to Strike Portions of the Complaint RULING (1) For the reasons stated herein, the demurrer of defendant Justin Sell to plaintiff's comp (2) For the reasons stated herein, the motion of defendant Justin Sell to strike portions of p (3) Defendant Justin Sell shall file and serve his answer to the complaint on or before Sept e Background As alleged in plaintiff John Doe'...

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: ... 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: ...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: ...motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a party appears by telephone, the stipulation may be signed via fax or consent to sign given by email. If not all par...

Excerpt: ...tanding in front of the entrance to defendant Trader Joe's Company, Inc.'s (“Trader Joe's”) store located in the Calle Real Shopping Center in Goleta when defendant Berl Golomb pulled his vehicle into a parking space directly in front of the store, allegedly at an excessive rate of speed, jumped the concrete tire stop, and struck plaintiff. The Calle Real Shopping Center is owned by defendant Earl M. Hill Family Limited Partnership (“Hill�...

Excerpt: ...ppeared for the purpose of moving to quash service of summons and complaint upon them, contending that because service has not been properly accomplished, the court lacks personal jurisdiction over them. According to the declaration of defendant Aviana Kjos, on or about May 30, 2021, plaintiff entered property at 5300 Shoreline Drive in Goleta with an unidentified woman. The woman attempted to give Kjos something, when plaintiff started yelling a...

Excerpt: ...r enforcing settlement agreement and entering judgment is DENIED. 2. The Court finds that Antonucci is not in breach of the Settlement Agreement by refusing to sign and deliver the Modification of Easement Rights prepared by Faoro's counsel. 3. The version of the Modification of Easement Rights with the additional language proposed by Antonucci's counsel (Lee Dec., ¶ 8, Ex. 6) more accurately reflects the terms of the Settlement Agreement. 4. Fa...

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: ... award. The petition noted that the matter had been arbitrated before Eric Berg, Esq. on November 5, 2019, and that an arbitration award in the amount of $8,023 was made on December 3, 2019, requiring the client (Lomeli) to pay that amount to the other party. The award also provided for the payment of interest. A copy of the award was attached to the petition. The petition alleges that the award is binding because more than 30 days passed since n...

Excerpt: ...nd: On February 9, 2021, defendant Donald Watson served, by electronic service, plaintiff Gregg Patronyk with Watson's first sets of special interrogatories (SI), form interrogatories (FI), and requests for production of documents (RFP). (Watson decl. re SI, ¶ 2 & exhibit A; Watson decl. re FI, ¶ 2 & exhibit A; Watson decl. re RFP, ¶ 2 & exhibit A.) No responses were received by Watson to these discovery requests. (Watson decl. re SI, ¶ 3; Wa...

Excerpt: ...n or before August 27, 2021. Background: As alleged in plaintiff's first amended complaint (FAC): On September 4, 2018, at approximately 4:00 p.m., City of San Buenaventura (City of Ventura) police officers, defendants Derek Donswyk and Rebecca Kofman (VPD Officers) were traveling southbound on US 101 in the City of Santa Barbara. (FAC, ¶ 25.) VPD Officers were returning to their jurisdiction after having dropped a prisoner at a location outside...

Excerpt: ...tion to quash is DENIED. Since Plaintiff has not requested remuneration f costs associated herewith, there is no order for sanctions. However, Deponent cannot yet b comply with the revised subpoena because (1) Deponent filed its own motion to quash now and (2) an issue waived b y Defendants but raised properl y b y the Deponent (Ohio domesti c have facial merit and must be full y considered at the hearin g on Deponent's motion next m Analysis Thi...

Excerpt: ...f the first amended complaint of plaintiffs Douglas D. Rossi and Kimberlee H. Rossi is overruled. Defendant shall file and serve his answer to the first amended complaint on or before September 1, 2021. Background As alleged in plaintiffs' first amended complaint (FAC): Plaintiffs Douglas D. Rossi and Kimberlee H. Rossi own and reside at 49 Canyon Acres Drive, Santa Barbara (Plaintiffs' Property). (FAC, ¶ 5.) Defendant Uri Dolev owns and resides...

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: ...tlement Motion. This tentative ruling is being posted for the August 11, 2021 and September 22, 2021 calendars. In light of the parties' stipulation to continue to September 22, 2021 ,which has now been submitted, signed and filed – No appearance by any party/counsel is required on August 11, 2021. Defendant Haaker Equipment Co. (“Haaker”) filed a motion for summary judgment/ summary adjudication of issues on May 28, 2021 with the hearing s...

Excerpt: ...fter the surgery. Her operative First Amended Complaint, filed November 30, 2020, alleges causes of action for (1) negligence, and (2) battery. The negligence cause of action alleges that defendant failed to exercise the proper degree of knowledge and skill in examining, diagnosing, treating, and caring for plaintiff, resulting in her suffering injuries and damages, including to injury to her inguinal canal, groin, leg, hip, and sexual organs. Sh...

Excerpt: ...set Recovery Group, LLC, a debt purchaser. Prior to filing this action, plaintiff acquired sole ownership of the debt at issue. Defendant is Jesus Ramirez. As alleged in the complaint, on December 28, 2017, defendant applied for and was provided an unsecured loan by LOANME, Inc. Under the terms of the loan, defendant promised to pay LOANME, Inc. all sums loaned with interest, fees, and other charges. Defendant subsequently defaulted on the loan b...

Excerpt: ...nty.santa- barbara.ca.us; [email protected]; [email protected]; [email protected]; c c Issue Motion for Determination of Legal Issues Affecting Valuation RULING For the reasons set forth herein, the Court determines that plaintiff Santa Barbara Count y subject property in connection with the determination of the value of that property. Background This is an eminent domain matter in which plaintiff Santa Barbara County Flood Control and W ...

Excerpt: ... cannabis cultivation. Defendants Francine Shulman and Emerald Sky Agricultural Acquisition, LLC wanted to buy and develop the property to grow cannabis. In July 2017, plaintiffs agreed to sell, and Ms. Shulman and Emerald Sky agreed to purchase, Wellsprings Ranch. They entered a Purchase and Sale Agreement (PSA) for $7.5 million dollars. Escrow was to close on January 15, 2018. Shulman wanted to occupy the property prior to close of escrow, so t...

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: ...d, conjunctive or disjunctive, and may not contain prefaces, instructions or subparts. CCP §2030.060. The party responding to interrogatories has an obligation to provide responses which are “as complete and straightforward” as possible, which obligates the party to make a “reasonable and good faith effort to obtain the information” from sources within its reach/control. CCP §2030.220. Even if portions of an interrogatory are objectiona...

Excerpt: ...ed a right-of-way lease to Phillips Petroleum for the construction, operation and maintenance of pipelines used to transport oil, natural gas and water from the Hogan/Houchin offshore platforms to on on-shore facility. The lease was eventually assigned to defendant Signal Hill, with a termination end date of 03/01/23. However, according to Commission, Signal Hill stopped making its annual rent payment of $57,575, and further allowed its $50,00 bo...

Excerpt: ... themselves, leaving defendant holding the proverbial empty bag. Before the Court this day is plaintiff's motion to compel a further response to Category 12 in the subpoena to defense counsel, as follows: “DOCUMENTS sufficient to determine the amount of fees ALLEN MATKINS has billed to MOLLER, the MOLLER DEFENDANTS, or any other entities controlled directly or indirectly by MOLLER since ALLEN MATKINS began representing MOLLER.” There is no do...

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: ...n to strike, submitted by defendants Ara Baljian and Le Phuque, LLC (collectively, defendants). The court is aware that if the action is dismissed for lack of prosecution, this tentative becomes moot. Plaintiffs Gary Hauenstein and Gwen Hauenstein (collectively, plaintiffs), filed an unverified complaint on October 27, 2020, against defendants. Nationstar Mortgage Co. has since been dismissed as party. Plaintiffs advance six (6) causes of action ...

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: ...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: ...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: ...of themselves itself, but at the same time may not be compound, conjunctive or disjunctive, and may not contain prefaces, instructions or subparts. CCP §2030.060. The party responding to interrogatories has an obligation to provide responses which are “as complete and straightforward” as possible, which obligates the party to make a “reasonable and good faith effort to obtain the information” from sources within its reach/control. CCP §...

Excerpt: ...n to quash the subject subpoena for medical records is DENIED. 2. The motion for a protective order is GRANTED in part. The deponent is hereby ordered to produce, within 20 days:  Records pertaining to defendant's dementia from 01/01/18 to the present;  Records containing any mention of the 02/22/19 accident that is the subject of this civil action, including records relating to the deposition of defendant. To the extent that records subjec...

Excerpt: ...arrin gto Issues Motion to Compel Requests for Admission (Set Two) and Request for Sanctions; Motion to Compel Responses to Requests for Production of Documents (Set One) and Req Sanctions; Motion to Compel Responses to Special Interro gatories (Set One) and Request for Sanctio n Rulings For the reasons set forth below, the motions are GRANTED in part and DENIED in part. Sanctions are mandator y here; Plaintiff shall pa y Defendants three separat...

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: ...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: ... 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: ...aintiff's first amended complaint, the motion of these defendants to strike portions of the complaint is ordered off calendar as moot. (3) For the reasons set forth herein, the demurrer of defendant City of Ventura is sustained, with leave to amend, as to the fourth cause of action and is overruled as to the third cause of action. (4) For the reasons set forth herein, the demurrer of defendant Diamonte Markel Hickerson is sustained, with leave to...

Excerpt: ... and special demurrers of defendant Barbara Palomarez are sustained, without leave to amend, as to all causes of action of the complaint not otherwise stricken by this order. Background: On September 9, 2020, plaintiff Jessica Berry filed her original complaint in this action asserting seven causes of action: (1) civil rights violations; (2) theft by deception; (3) fraud; (4) grand theft; (5) sexual assault; (6) abuse of a vulnerable person; and ...

Excerpt: ... Nicole Levine dba Nicole Levine Appraisal (Levine) affixed her signature to a residential appraisal report (Appraisal) she prepared with respect to real property located at 2671 Painted Cave Road, Santa Barbara (the Property). (Complaint, ¶ 8 & exhibit 1.) The Appraisal identified the client name/intended user as Val- Chris Investments, Inc. (Val-Chris). (Ibid.) The Appraisal fell below the standard of care for professional appraisal practice b...

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...