Excerpt: ... Wolf Baschung for summary judgment as to the cross-complaint of Henry Aguila is granted. Cross- defendant Baschung is therefore entitled to judgment on the cross-complaint in his favor. Background: (1) Background Facts Henry Aguila was the president of Thee Aguila, Inc., (TAI) which owned a restaurant/ nightclub property, 8825 Washington Blvd., Pico Rivera, CA (the Property). (Defendant and Cross-Complainant Aguila's Response Separate Statement ...

Excerpt: ...RFP Nos. 3-5, 9-13 and 16-21 in accordance with this ruling and without the objections overruled herein on or before April 20, 2022. (3) The Court awards sanctions to Butler America, LLC, and against UCOMMG, LLC, and Unified Communications Group, Inc. and their counsel Fisher & Phillips LLP, jointly and severally, in the amount of $4,000.00 payable to counsel for Butler America, LLC, on or before April 20, 2022. Background: The court's March 25, ...

Excerpt: ...nd Set of Requests For Production Of Documents Nos. 48-53 in accordance with this ruling on or before April 18, 2022. (4) Plaintiff is ordered identify, with specific request numbers, the requests for production to which the documents previously produced by plaintiff respond, in accordance with this ruling, on or before April 18, 2022. (5) Defendant is ordered to give notice of this ruling to plaintiff by mail and email. Background: This action a...

Excerpt: ...upon plaintiff by defendant William Charles Conway, M.D. While the surgery itself was a success, plaintiff complains of severe post- surgical complications. Plaintiff Wideman is a licensed attorney, who is representing himself in the action, as well as acting as counsel of record for his wife, plaintiff Kristina Novak. Mr. Wideman designated Farzad Alemi, M.D. as a retained general surgery expert witness. Defendant Conway noticed the expert decla...

Excerpt: ...laintiffs' motion to compel further responses is denied in its entirety. Plaintiffs' Pitchess motion, seeking disclosure of documents from the personnel files of peace officers Valencia, Carranco, and Green, is granted in part and denied in part, as more fully articulated below. Background: On October 20, 2020, plaintiffs Jeffrey Arlington (Arlington) and Sonia Arlington filed their complaint in this action. As alleged in the complaint: “Santa ...

Excerpt: ...olas Tescano, Chad Treppa and Steven Smith: Timothy R. Windham, Lillian C. Harwell, Lewis Brisbois Bisgaard & Smith LLP For Defendant Delta Tau Delta: Aaron S. Case, Mary Childs, Yoka & Smith, LLP For Defendant Delta Tau Delta – Delta Psi Chapter: Patrick R. Ball, Matt Jedrzejek, Messner Reeves, LLP For Defendants Tammy F. Luckenbihl and Matt Luckenbihl: Jay M. Borgeson, Henderson & Borgeson For Defendant Rimrock Real Estate Ventures, LP: Debor...

Excerpt: ...NG: The motion will be granted. Background: Plaintiffs' complaint, filed on May 26, 2021, alleges a cause of action for medical malpractice (by plaintiff Earl Murray, Jr.) and a cause of action for loss of consortium (by plaintiff Jean Marie Murray). Plaintiff Earl Murray, Jr. (Murray) alleges that in February 2020, he was sent to Pueblo Radiology Medical Group, Inc. to have a wire marker inserted into his left axillary region, to facilitate the ...

Excerpt: ...rtment. On or before April 11, 2022, each party shall file and serve a supplemental brief, containing the information requested by the Court below. Background: This is a residential unlawful detainer action, filed on January 14, 2022. The complaint alleges that defendants were tenants of property owned by plaintiffs, and located at 1216 Blanchard Street, Unit B, in Santa Barbara. It alleges further that each defendant was served with a 60-day not...

Excerpt: ...tion referee, to inspect the property at the same time. In the event that by April 11, 2022, the parties and the partition referee are unable to reach an agreement as to the date and time for the inspection, Chase may thereafter apply to the court ex parte for an order for a particular date and time for inspection, provided that, in addition to all other requirements for an ex parte application, such ex parte application shall include a declarati...

Excerpt: ...ises). (Complaint, ¶¶ 1, 3, 4.) On July 2, 1986, ROIC's predecessor-in-interest rented the Premises to defendant RIBCO, Inc. dba Woody's BBQ (RIBCO) as a month-to-month tenancy pursuant a written agreement. (Complaint, ¶ 6 & exhibit 1.) On July 23, 2020, ROIC filed its complaint in a different action pending in Department 5 of this court, ROIC California, Inc., v. RIBCO, Inc., case No. 20CV02391 (the Lease Action), asserting causes of action f...

Excerpt: ...for Preliminary Injunction RULING (1) The hearing on the motion for a preliminary injunction is continued to April 27, 2022, at 10:00 a.m. The temporary restraining order issued by the Court remains in effect until disposition of this motion for a preliminary injunction or upon further order of the court. As set forth herein, on or before April 12, 2022, plaintiff Eileen Lazar shall file and serve a supplemental reply brief responding to the supp...

Excerpt: ...on provision of the Settlement Agreement is sustained without leave to amend as the provision is void as a matter of law. Defendant's demurrer to plaintiff's breach of contract cause of action based on the non-disparagement provision of the Settlement A greement is overruled. Defendant's motion to strike plaintiff's prayer for attorney's fees is granted. In all other respects, defendant's motion to strike is moot given the ruling on defendant's d...

Excerpt: ...uperior Court (2014) 229 Cal.App.4th 468). The demurrer is thus sustained. Leave to amend is granted. Any further challenge to this cause of action must adequately examine these elements. Moreover, moving counsel is advised to review CRC 3.1113(b) which provides: “The memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in sup...

Excerpt: ... Transform: Matthew Olufs For Defendant Financial Credit Network, Inc.: Gabe P. Wright, Trevor S. Locko, Hahn Loeser & Parks LLP TENTATIVE RULING: The motion of defendants Mikki Reilly and Fitness Transform to strike portions of the complaint of plaintiff Anne Fristoe, M.D., is granted, with leave to amend, to strike paragraph 37 of the text of the complaint and paragraph 4 of the prayer of the complaint. Leave to amend is limited to the claim fo...

Excerpt: ...e Saldana: Elliot J. Siegel and Margaret R. Wright, King & Siegel LLP For Defendants Brown & Brown Insurance Services of California, Inc., Brown & Brown, Inc. and John Esposito: Daniel B. Chammas and Caleb Y. Lee, Ford & Harrison LLP TENTATIVE RULING: The court will continue the hearing on plaintiff's motion to April 11, 2022. On or before April 4, 2022, plaintiff shall pay the filing and other fees required for the motions to compel further resp...

Excerpt: ...TORNEYS: Mark S. Himmelstein for Plaintiff RTA Carneros Village – Phase II, LLC Matthew W. Johnson for Defendant William Hezmalhalch Architects, Inc. TENTATIVE RULING: The motion of defendant for summary adjudication on plaintiff's first cause of action for breach of contract will be denied. BACKGROUND: This action arises out of the construction of a multifamily apartment complex in Goleta, California commonly known as The Village at Los Carner...

Excerpt: ...(“County”) and officer Colbin Spears. One day later, plaintiff filed a First Amended Complaint (“FAC”) alleging seven (7) causes of action for assault, battery, false arrest, false imprisonment, negligence, intentional infliction of emotional distress and violation of 42 U.S.C. 1983 against the County, defendant Derek Spears [erroneously sued as Colbin Spears] (“Spears”), and the Santa Barbara County Sheriff's Office. Plaintiff's clai...

Excerpt: ...Hotels & Resorts, LLC (“Warner Hotels”), the owner of the SYR, its President, Ty Warner (“Warner”), and Saleem Ahmed (“Ahmed”), the Director of Finance at the SYR. The operative second amended complaint (“SAC”) alleges causes of action for wrongful eviction, breach of contract, assault, battery, and intentional infliction of emotional distress. On March 10, 2022, Marks filed a request for dismissal of her wrongful eviction and bre...

Excerpt: ... Lane, Carpinteria, California 93013 (the “Residence”). Plaintiffs Darren Entwistle and Fiona Entwistle (the “Entwistles”) are the owners of the Residence. In 2012, the Entwistles contracted with defendant Paul Franz Construction (“Franz”) to convert a storage room in the Residence into a wine cellar. As part of the remodel project, Franz hired defendant Insulate SB, Inc. (“Insulate”), an insulation subcontractor, to install insul...

Excerpt: ...4) retaliation for engaging in protected activity (Gov. Code §12940, subd. (h)) is sustained without leave to amend. The demurrer of defendant Estrada to plaintiff's first four causes of action for failure to exhaust administrative remedies against Estrada is sustained without leave to amend. The demurrer of defendant SBMTD to plaintiff's FAC, and each and every cause of action, for failure to plead sufficient facts to constitute a cause of acti...

Excerpt: ...2) breach of implied covenant of good faith and fair dealing; (3) misappropriation of trade secrets (Civ. Code, § 3426 et seq.); (4) misappropriation of trade secrets (common law); (5) conversion; (6) intentional interference with contractual relations; (7) intentional interference with prospective economic advantage; and (8) unfair business practices (Bus. & Prof. Code, § 17200 et seq.). On January 4, 2021, defendants UCOMMG, LLC (UCOMMG) and ...

Excerpt: ...; (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 Arbitration, ruling the enforcement of Defendant's arbitration ...

Excerpt: ... a wrongful termination action, arising from plaintiff Lucy Bernal's (Bernal) former employment with defendant Ghitterman, Ghitterman & Feld (GGF) as, among other things, a case worker. The complaint, filed on March 13, 2020, alleges causes of action for (1) disability discrimination in violation of the Fair Employment and Housing Act (FEHA), (2) retaliation in violation of FEHA, (3) failure to prevent discrimination and retaliation in violation ...

Excerpt: ...aw Offices of Schneider & Holtz TENTATIVE RULING: For the reasons set forth herein, the motion of defendants Payatt Enterprises, Inc., and Taco Bell Corp. for summary judgment is denied. Background: On October 22, 2020, plaintiff Tasha Pitsenbarger filed her complaint in this action asserting claims for negligence, strict liability in tort, and breach of the implied warranty of merchantability. The complaint alleges personal injury to Pitsenbarge...

Excerpt: ...t Dr. Katherine Kim: Christopher L. Walters TENTATIVE RULING: (1) The motion of plaintiff Dr. William Burgess to compel further responses to discovery from defendant Dr. Katherine Kim is granted in part, denied in part, and continued in part. The motion is granted to require defendant to serve, on or before April 1, 2022, verified further responses to special interrogatories, set one, Nos. 8 and 29, in a form complying with the Code of Civil Proc...

Excerpt: ... Defendant Matef Harmachis to Quash Subpoena to Commission on Teacher Credentialing (2) Motion of Defendants SBUSD to Quash Subpoena to SB District Attorney ATTORNEYS: For Plaintiff Jane OB Doe: Morgan A. Stewart, Saul E. Wolf, Christina J. Nolan, Manly Stewart Finaldi For Defendant Santa Barbara Unified School District: Susan L. Oliver, Harry W. Harrison, Marianne Gordon, Tyson & Mendes For Defendant Matef Harmachis: Louis R. Dumont, John J. Str...

Excerpt: ...Jeffrey B. Panosian and Dr. Claire B. Panosian: Patrick A. Hennessey and Anish J. Banker, Palmieri, Hennessey & Leifer, LLP For Defendant Bristol Farms dba Lazy Acres Market: Carl L. Grumer and Noro Mejlumyan, Manatt, Phelps & Phillips, LLP For Defendant HUB International Insurance Services, Inc.: Stephen P. Soskin, Charlston, Revich & Wollitz LLP TENTATIVE RULING: Plaintiffs' Motion For Order Allowing Substitution of Party Plaintiffs is granted....

Excerpt: ..., LLC, a civil engineering company and member of the Southern California General Contractors Association (“SCCA”). Respondent is Charlie Briggs, Jr., a member of the International Union of Operating Engineers, Local Union No. 12, which is affiliated with the Building and Construction Trades Department of the AFL-CIO (“Operating Engineers Union”). Respondent seeks to recover unpaid wages, waiting time penalties, and damages from petitioner...

Excerpt: ...Yocca Carlson & Rauth, APC for defendants TENTATIVE RULING: The motion for preliminary approval of class action settlement, and for approval of PAGA settlement, is granted. Background: This is a wage and hour action, filed March 24, 2021, in which plaintiff's original complaint alleged causes of action for (1) failure to pay minimum wages, (2) failure to pay overtime compensation, (3) failure to provide meal periods, (4) failure to authorize and ...

Excerpt: ...asquez, Law Office of Cristi Michelon Vasquez For Defendant Linda Cathleen Dav Duntlev: No Appearance TENTATIVE RULING: 1. The General and Special demurrer of Defendant Smitty's Towing to Plaintiff's Complaint is overruled in its entirety. 2. Defendant Smitty's Towing shall file and serve its Answer to Plaintiff's Complaint on or before March 24. 2022. 3. Smitty's Towing shall also provide notice of this ruling to Plaintiff at all known addresses...

Excerpt: ...n. (Administrative Record [AR] 14.) Bly was monitoring vehicular traffic on El Colegio Road near the UCSB Student Health Building. (Ibid.) As parked, Bly had a clear view of both eastbound and westbound traffic along this stretch of El Colegio Road. (Ibid.) At that time, Sergeant Bly observed a silver Mercedes sedan with tinted windows traveling at a high rate of speed, estimated by Bly to be 60 m.p.h. as it rapidly accelerated past another vehic...

Excerpt: ...e pleading is plaintiffs' third amended complaint (“TAC”), filed on February 4, 2021, for (1) quiet title to express easement and rights of use granted by recorded instrument, (2) quiet title to all water flowing from the subject spring, (3) quiet title to fixtures, (4) declaratory relief, (5) injunctive relief, (6) conversion of personal property, (7) breach of contract, (8) prescriptive easement, (9) equitable easement, and (10) implied eas...

Excerpt: ...otion for a preliminary injunction is continued to March 29, 2022, at 10:00 a.m. The temporary restraining order issued by the Court remains in effect until disposition of this motion for a preliminary injunction or upon further order of the Court. As set forth herein, on or before March 11, 2022: (1) plaintiff Eileen Lazar shall file and serve an amended appendix of exhibits to include all of the exhibits she previously filed with the court in a...

Excerpt: ... total of $37,861.57 in recoverable costs. Background This action arose from a motor vehicle accident which occurred on September 8, 2017, in Goleta. Plaintiff Justin Kaufman alleged that he was westbound on Calle Road (sic—Calle Real) at the intersection of Valdez Avenue, when he was hit by a vehicle operated by defendant Virginia Bryant, as defendant was making a left turn onto Calle Real, and failed to yield to oncoming traffic. Plaintiff's ...

Excerpt: ...cas only); 2) negligent (all defendants); 3) negligent infliction of emotional distress –direct victim (all defendants); 4) negligence (all defendants); 5, 6, and 7) negligent infliction of emotional distress – bystander; and 8) negligent hiring (Orcutt Burgers and Zafiris only). On November 8, 2019, Christopher Clayton, while in Orcutt Burgers on Clark Ave., was falsely accused by defendants of possessing, carrying, concealing, and/or brandi...

Excerpt: ... (collectively, defendants) for breach of contract, breach of the implied covenant of good faith and fair dealing, fraud/deceit, negligent misrepresentation, conspiracy to defraud, breach of fiduciary duty, and violations of Business and Professions Code section 17200, et seq. Briefly, plaintiff alleges that defendants, who agreed to invest in renovations necessary for the occupancy at 921 W. Laurel Ave., Lompoc, had in reality “no intentions o...

Excerpt: ...mes Allen Carr and Cross-Defendant Barbara J. Thurman Monica M. Robles for Defendant and Cross-Complainant Rikardo Gonzalez TENTATIVE RULING: The demurrer of defendant Rikardo Gonzalez to plaintiff James Allen Carr's first cause of action for breach of contract is overruled. The demurrer of defendant to plaintiff's second cause of action for fraud by concealment is sustained without leave to amend. The motion of defendant to strike plaintiff's cl...

Excerpt: ...cca Carlson & Rauth, APC for defendants TENTATIVE RULING: The hearing on this matter is continued for one week, to March 14, 2022. As explained below, while the motion seeks approval of a proposed class notice to be provided to the absent class members, that notice was not included in any documents filed with the Court. Based upon the other information before the Court, it intends to grant preliminary approval of the class settlement, and approva...

Excerpt: ...TATIVE RULING: The petition will be granted. Background: This action arises from an automobile accident which occurred on April 27, 2018 on the US 101 northbound, 400 feet north of Los Positas Road, in Santa Barbara. According to the complaint, filed September 23, 2019, defendant Alma Medina negligently operated a vehicle owned by Edgar Fulbright, in a manner which caused injury to plaintiffs Rodney Nall and Teri Nall. In addition to Motor Vehicl...

Excerpt: ... she saw a microwave lying in the roadway directly in front of her. Donaldson slammed on her brakes and was rear ended by a tractor-trailer driven by Funyas Masih and owned by petitioner NSP Transportation, Inc. (“NSP”). It is believed that the owner of the truck from which the microwave fell is Tori Anne Thornburgh (“Thornburgh”). Richard A. Marks (“Marks”) witnessed the collision and provided a statement to the California Highway Pa...

Excerpt: ...l landlord/management company. Plaintiff Grant Beall is a former tenant in a house located at 6606 Del Playa, Isla Vista, California (the “Premises”). The Premises is owned and managed by defendant Ronald Wolfe & Associates, Incorporated dba Wolfe & Associates Property Services. Plaintiff resided at the Premises pursuant to a written lease agreement with defendant, but was later served with a notice of termination of tenancy. Plaintiff allege...

Excerpt: ...§ 226.7); (3) rest break violations (Labor Code § 226.7); (4) waiting time penalties (Labor Code § 203); (5) unreimbursed mileage (Labor Code §§ 221, 2802); (6) wage statement violations (Labor Code § 226(a)); (7) violation of Labor Code § 204; and (8) unfair business practices. After defendant filed a petition to compel arbitration and motion to stay litigation, plaintiffs filed a first amended complaint adding a ninth cause of action for...

Excerpt: ...is fourth amended complaint on or before March 21, 2022. Leave to amend is limited to amendments to the causes of action to which the court sustains the demurrer; to the extent plaintiff seeks to add any additional causes of action, plaintiff must make a noticed motion seeking leave to amend as provided in California Rules of Court, rule 3.1324. Background: As alleged in plaintiff Robert Stiglmier's third amended complaint (TAC): On October 20, 2...

Excerpt: ...aintiff's first amended complaint is granted, with leave to amend. Any amended pleading shall be filed on or before March 14, 2022. BACKGROUND This is an action for personal injuries. Plaintiff is Emily Barrey. Defendants are Ross Stephens Watters (“Watters”) and the Estate of Diane Stephens, Deceased (“Estate”). Watters is the personal representative of Estate. On March 1, 2021, plaintiff entered into a written lease agreement with Watte...

Excerpt: ...ross-Defendant The Las Canoas Company dba Construction Plumbing; Motion for Summary Adjudication of Cross- Defendant Creston Electronics, Inc. ATTORNEYS: Barton C. Merrill for Plaintiff 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 Ener...

Excerpt: ...ld of Siege Law PC for defendant TENTATIVE RULING: The motion to quash is denied; defendant's time to file his responsive pleading is extended, by operation of law, until 15 days after service of notice that this motion to quash has been denied. Background: Plaintiff's verified complaint to quiet title, for cancellation of instruments, and for fraud, was filed on December 27, 2021. The complaint alleges that defendant is a nominal owner of two pr...

Excerpt: ...poena for Production of Documents in Action Pending Outside California ATTORNEYS: For Petitioner R.L. Mlazgar Associates, Inc.: Michelle R. Generaux, Devin E. Murtaugh, Murtaugh Treglia Stern & Deily LLP For Respondent-Deponent BEGA North America, Inc.: Rafael Gonzalez, Daniella R. Scoscia-Regencia, Sean Stratford-Jones, Mullen & Henzell L.L.P. TENTATIVE RULING: The petition of R.L. Mlazgar Associates, Inc., to compel compliance with a subpoena f...

Excerpt: ... Raytheon Company to serve further verified responses, without objection except as to privilege, on or before March 14, 2022, to request Nos. 96 through 105. To the extent that defendant asserts an objection on the grounds of privilege, defendant shall also serve a privilege log identifying each responsive document withheld on the ground of privilege and the request(s) for which the document is responsive, and providing sufficient additional info...

Excerpt: ...sician assistant. Defendant is Cottage Health (“Cottage”), a California corporation doing business in Santa Barbara, California. Plaintiff was first hired by Cottage as a physician assistant in pediatric surgery in July 2009 and worked for Cottage for more than a decade. In November 2017, Cottage hired Dr. Robert Kanard as its Chief of Pediatric Surgery. As the only pediatric surgical physician assistant at Cottage, plaintiff assisted Dr. Kan...

Excerpt: ... the left cheek, causing severe facial injuries. The operative First Amended Complaint, filed April 5, 2021, alleges causes of action for strict liability and negligence against the Hill defendants based upon the bite inflicted by their dog, and a cause of action for negligence against Cordero, based upon her failure to exercise reasonable care for Carter when she allowed him to come in contact with Dakota Hill and Tsuki at the beach. All defenda...