Excerpt: ...lly and as the conservator for Ellen P. Shurtleff (Ellen), and Ellen, as a conserved individual, alleges seven causes of action as follows: (1) breach of written contract (against defendants Sanctuary Centers of Santa Barbara, Inc. (Sanctuary), and AVA Billing & Consulting, LLC (AVA)); (2) conversion (against Sanctuary) (3) fraud (against Sanctuary, AVA, and defendants Lisa B. Moschini (Moschini), Barry R. Schoer (Schoer), and Ashton V. Abernathy...

Excerpt: ...er by plaintiff. The complaint was filed on October 12, 2021, and alleged causes of action for common counts (open book account, account stated, money lent by plaintiff to defendant at defendant's request, and money paid, laid out, and expended to or for defendant at defendant's special instance and request) against defendant. The complaint alleges that the amount due to plaintiff and unpaid by defendant totals $8,054.97. Defendant answered the c...

Excerpt: ...ed. For all reasons discussed herein, defendant's motion for summary adjudication of the second, third, fifth, sixth, seventh, and eighth causes of action, and fourth cause of action for failure to prevent harassment and retaliation, alleged in plaintiff's second amended complaint, is denied. The court therefore also denies defendant's motion for summary judgment. (2) For all reasons discuss herein, defendant's motion to file exhibits under seal ...

Excerpt: ...filing requirements of Code of Civil Procedure section 391.7 as follows: 1. Plaintiff is prohibited from filing any new litigation in the courts of this state in propria persona without first obtaining leave of the presiding justice or presiding judge of the court where the litigation is proposed to be filed. Disobedience of the order by a vexatious litigant may be punished as a contempt of court. 2. The presiding justice or presiding judge shall...

Excerpt: ...at a violation of its electricity tax ordinance by defendant Southern California Edison Company for failure to collect tax as required by law. Further proceedings are required to resolve the issue of penalties and interest as to the City of Culver City. (3) Counsel are ordered to appear at the hearing of this matter and to be prepared to discuss scheduling and all other aspects of further proceedings in this matter. Background: (1) Allegations of...

Excerpt: ...3-15, and 17-26, and to do so on or before March 3, 2023. If Hashimoto, upon being provided with actual notice of this order (either by presence at the CMC in Case No. 18CV05728, being held concurrently with this motion, or by being provided with notice in the manner specified below), fails to comply with it, the Court will entertain a further motion for terminating or enhanced sanctions by Regents. Background: On March 26, 2021, plaintiff Ryan H...

Excerpt: ...d the second for “illegal taking of water.” Isabella seems to acknowledge the existence of a 10-foot wide easement across its property, in which cross-defendants are dominant tenement holders. Further (according to the pleading), the easement allows access for a “water well site purposes, pumping plant and incidentals thereto,” and for “water line purposes, repairs . . . .” Isabella contends that despite this “extremely limited use ...

Excerpt: ..., M.D.: Kevin Gerry, The Law Offices of Kevin Gerry For Defendants Mikki Reilly and Fitness Transform: Matthew Olufs, Law Office of Matthew Olufs For Defendant Financial Credit Network, Inc.: Gabe P. Wright, Trevor S. Locko, Hahn Loeser & Parks LLP TENTATIVE RULING: (1) The motin of defendants Mikki Reilly and Fitness Transform's to compel plaintiff's further responses to form interrogatories, set one, is granted in part. Plaintiff shall serve a ...

Excerpt: ...en M. Selna and Robert W. Selna of Selna Partners and Naomi R. Dewey and Nicole Hornick of Trusted Legal, PLC TENTATIVE RULING: The motion is granted. The court awards attorney fees in favor of Jonas Svensson against i073 and Tristan Strauss in the amount of $87,591.50. The court confirms costs on appeal of $148.50. Background: Petitioner Jonas Svensson (“Svensson”) is a current shareholder and director of respondent i073 Investments, Inc. (�...

Excerpt: ...t. Subsequently, Gonzalez dismissed Blount as a defendant and substituted in Adolph Costello. Plaintiff asserts causes of action for negligence and premises liability. As alleged in the complaint, on February 13, 2021, Gonzalez was lawfully on the Costco premises and, while using the premises in a reasonably foreseeable manner, she was seriously injured when she slipped and/or fell due to spillage on the floor that created an unreasonable risk of...

Excerpt: ...osed plaintiff in intervention shall serve notice of this court's ruling herein and the complaint in intervention in accordance with the provisions of Code of Civil Procedure section 387, subdivision (e). Background: Plaintiff Sheny Juarez's complaint filed on May 24, 2022, alleges two causes of action for general negligence and premises liability against defendants the Contreras Corporation (Contreras) and the Alvaro Family Trust (the trust) (co...

Excerpt: ..., Inc., shall file and serve their respective answers to plaintiff's second amended complaint on or before February 15, 2023. Background: This action was commenced on August 23, 2019, when plaintiff Remedial Construction Services, L.P. (RECON) filed its original complaint naming as defendants AECOM, Inc. and AECOM Technical Services, Inc. (AECOM Technical) (collectively, AECOM), among other defendants. RECON filed a first amended complaint on Oct...

Excerpt: ... pursuant to Business and Professions Code section 7031. The court agreed to the stipulation in signed order. Defendants Christopher Hulme (Hulme) and Clearview Property Services, Inc. (Clearview) have filed a joint demurrer as to the new first cause of action based on disgorgement, claiming the first cause of action is barred by the applicable one-year statute of limitations per Code of Civil Procedure section 340, subdivision (a) [“an action ...

Excerpt: ...g and be prepared to discuss trial dates consistent with this ruling. Background: Plaintiff Peter Kurrels' first amended complaint (FAC) filed on July 25, 2022, is the operative pleading in this matter. As alleged in the FAC, on February 15, 2020, plaintiff entered into a written month-to-month rental agreement with defendant Rodney E. Lund (Lund) to rent the premises located at 517 Scenic Drive in Santa Barbara, California. (FAC, ¶¶ 7, 10.) Lu...

Excerpt: ...c., and Tyler Development Company (Tyler). Plaintiffs filed the operative first amended complaint (FAC) on November 7, 2018, removing Rolls Scaffold & Equipment, Inc. as a defendant. Plaintiffs assert five causes of action: (1) Strict Product Liability (as to Rolls), (2) Negligence – Products Liability (as to Rolls), (3) Breach of Implied Warranties (as to Rolls), (4) Negligence (as to Tyler), and (5) Loss of Consortium (as to all defendants). ...

Excerpt: ...ition in accordance with this ruling. Unless defendants appear and present evidence sufficient to demonstrate a triable issue of fact with regard to, or a complete defense to, Essex's cause of action for unlawful detainer, the court will grant Essex's motion. Background: Plaintiff Essex Management Corporation (Essex) filed this unlawful detainer action against defendants Mark A. Moore (Moore) and Kelsey Carver (Carver) on November 2, 2022. Essex ...

Excerpt: ...ict shall file and serve its first amended cross-complaint on or before February 7, 2023. Background: (1) Allegations of Petitioners' Second Amended Petition As alleged in the petitioners' second amended petition and complaint (SAP): Petitioner and plaintiff Central Coast Water Authority (CCWA) is a joint powers authority formed by and for the benefit of its eight public agency members (CCWA Members), namely, petitioners and plaintiffs Carpinteri...

Excerpt: ...se on December 9, 2020, for $4,000.00 per month. Prior to the expiration of the lease, it was extended through December 31, 2022, with all terms remaining unchanged. (Complaint, ¶ 6 & Exh. 1.) Kreutzer alleges that the tenancy is not subject to the Tenant Protection Act of 2019. (Complaint, ¶ 7.) On December 16, 2022, the Gardners were served with a Three-Day Notice to Quit for noncurable breach of “occupant holding over after having an emplo...

Excerpt: ...Requiring Plaintiff to File an Undertaking. Procedural History Mathew Painter filed a complaint for damages based on medical malpractice on August 30, 2016.[1] Defendants answered on November 16, 2016. Trial was first set to commence on March 5, 2018. (See April 3, 2017 MO.) On January 3, 2018, the parties stipulated to continue that trial date to a date between November 2018 and January 2019 or later. The cited reason was that Mathew Painter was...

Excerpt: ...laintiffs' and all cross defendants' tripartite action against Quaids to Quiet Title, Slander of Title, and Declaratory Relief for having already been dismissed with prejudice. ATTORNEYS: Defendants and cross-complainants Randy Quaid and Evgenia Quaid, self-represented. James D. Hepworth of Fidelity National Law Group for moving cross- defendant Fidelity National Financial, Inc. TENTATIVE RULING: The motion by FNF to quash the Quaids' service of ...

Excerpt: ... Motion of Defendants California Coastal Commission and State Coastal Conservancy to Strike or to Tax Costs (4) Motion of Plaintiffs to Strike or to Tax Costs ATTORNEYS: For Plaintiffs Tim Behunin, Trustee of the Behunin Family Trust, Carolyn Pappas, Patrick L. Connelly, individually and on behalf of the Plaintiff Classes: A. Barry Cappello, Wendy D. Welkom, Kenneth J. Melrose, Cappello & Noel LLP For Plaintiffs Hollister Ranch Owners' Associatio...

Excerpt: ...id Solutions, Inc. and Microdyn-Nader US, Inc. The SAC alleges causes of action for (1) violation of Business & Professions Code, section 17200, et seq., (2) failure to pay all wages, (3) failure to pay sick pay, (4) failure to provide meal breaks, (5) failure to provide rest periods, (6) inaccurate wage statements, (7) waiting time penalties, and (8) civil penalties under the Private Attorneys General Act (PAGA). Following mediation on August 25...

Excerpt: ... Motion of Defendants California Coastal Commission and State Coastal Conservancy to Strike or to Tax Costs (4) Motion of Plaintiffs to Strike or to Tax Costs ATTORNEYS: For Plaintiffs Tim Behunin, Trustee of the Behunin Family Trust, Carolyn Pappas, Patrick L. Connelly, individually and on behalf of the Plaintiff Classes: A. Barry Cappello, Wendy D. Welkom, Kenneth J. Melrose, Cappello & Noel LLP For Plaintiffs Hollister Ranch Owners' Associatio...

Excerpt: ...ll file and serve a second supplemental declaration, to this effect, no later than January 27, 2023. Defendants may file and serve an opposing brief no later than February 3, 2023. Saticoy may file and serve a reply brief no later than February 10, 2023. Background: This action was originally filed on March 25, 2019, by plaintiff Saticoy Development Company, LLC. (“Saticoy”) against Skylar L. Gauss, Skylar L. Gauss, as Trustee of the La Cumbr...

Excerpt: ... sustains defendants' demurrer to plaintiff's first amended complaint filed on August 26, 2022, with leave to amend in accordance with this ruling. Plaintiff shall label her amended pleading to be filed with this court as a third amended complaint. Plaintiff shall file and serve her third amended complaint on or before February 3, 2023. Plaintiff shall not file any further amended pleadings without first obtaining leave of court in accordance wit...