Excerpt: ...es,Property Services TENTATIVE RULING: The demurrer made to each cause of action on statute of limitations grounds is overruled. The demurrer made to each cause of action on the basis that insufficient facts are alleged to constitute a cause of action, are all sustained. Because the general demurrers to each cause of action are being sustained, there is no reason for the Court to address the special demurrer for uncertainty. The Court will allow ...

Excerpt: ... the premises, (2) Costs incurred in the proceeding, and (3) Forfeiture of the agreement. Plaintiff's proof of service indicates that the summons, complaint, mandatory cover sheet and prejudgment claim of right to possession were served via substituted service on July 25, 2022 by leaving the documents with co‐defendant Michael Chavez (a person over the age of 18) at the dwelling house or usual place of abode of Liliana Sanchez. Plaintiff therea...

Excerpt: ...further verified responses must fully comply with Code of Civil Procedure sections 2031.210, 2031.220, 2031.230, and 2031.240. Except as otherwise granted, the motion is denied. Background: This action arises out of an alleged failure by defendants Robert Hunter (Hunter) and Continental Store Equipment Co., Inc.'s (CSE), to return a good faith deposit to plaintiff Kipp Young (Young). (Complaint, ¶ BC‐2.) The deposit was provided to Hunter and ...

Excerpt: ...any, LLC, by the Los Angeles Superior Court (LASCt), after years of litigation. In that court, the Honorable Yvette M. Palazuelos entered a compensatory damage award of $20,411,067.23 against these defendants and in favor of Tribe on November 8, 2018. The punitive damage phase of the litigation then proceeded, ultimately resulting in a $7,000,000 punitive damage award against the defendants. Judgment was ultimately entered on August 27, 2019, on ...

Excerpt: ...rs”). On August 5, 2022, defendants filed a motion to quash service of summons claiming that service of the summons was not properly effectuated. On August 26, 2022, the court denied the motion to quash. On September 15, 2022, defendants filed this general demurrer to plaintiff's complaint on the grounds that (1) the complaint does not state facts sufficient to constitute a cause of action and (2) that the three‐ day notice to pay rent or qui...

Excerpt: ...ndance of a Person Most Qualified and Custodian of Records of Defendant General Motors LLC, And Request for Sanctions RULING 1. For the reasons set forth herein, the motion to compel the deposition attendance of a person most qualified and custodian of records of defendant General Motors LLC, and production of documents, is granted in part and denied in part. 2. The motion is granted to require defendant General Motors, LLC to produce for deposit...

Excerpt: ...hip agreement, (3) breach of fiducial duty, (4) constructive fraud, (5) fraud based in intentional misrepresentation, (6) fraud based on concealment, (7) promissory fraud, (8) negligent misrepresentation, (9) breach of contract, (10) breach of implied covenant of good faith and fair dealing, (11) promissory estoppel, (12) financial elder abuse, (13) common count, (14) violation of Code of Civil Procedure section 871.1, (15) accounting, (16) decla...

Excerpt: ...d/or Adjudication ATTORNEYS: For Plaintiffs Daniel Laurin O'Keefe, Kelly Anne O'Keefe, Individually, and as the Surviving Heirs, Personal Representatives, Successors in Interest of Decedent, Connor Edward O'Keefe, and/or as Administrators or Executors of the Estate of Connor Edward O'Keefe: Deborah S. Chang, Candice S. Klein, Sarah S. Kim, Chang | Klein LLP; Daniel W. Johnson, Berglund & Johnson Law Group For Defendant County of Santa Barbara: Ra...

Excerpt: ...ed on any improperly asserted objections, it shall produce any such document to plaintiff on or before September 28, 2022. In addition, the Court awards sanctions in favor of plaintiff against Raytheon in the amount of $5,910, payable to plaintiff's counsel. Payment of sanctions is due by October 16, 2022. Background: In her First Amended Complaint (FAC), plaintiff Caron Vranish asserts eight causes of action against defendant Raytheon Company (R...

Excerpt: ...d below, the motion to strike the promissory estoppel cause of action and the prayer for attorneys' fees were rendered moot by this Courts rulings on the demurrers. Plaintiffs may file any amended complaint on or before September 30, 2022, or such other date as this Court may specify at the hearing on these matters. BACKGROUND: Plaintiffs Better Hoberman and Michael A. Hoberman (Hoberman) are alleged to be the beneficial owner and record title ow...

Excerpt: ...ause of action (inverse condemnation). (2) Subject to the qualifications set forth herein, the motion of defendants Plains All American Pipeline, L.P., and Plains Pipeline, L.P., to strike paragraph 217 of plaintiffs' fourth amended complaint is granted without leave to amend. (3) Defendants Plains All American Pipeline, L.P., and Plains Pipeline, L.P., shall file and serve their answers to the 4AC, as it exists after this ruling, on or before Oc...

Excerpt: ...a Barbara County Board of Supervisors Emails: [email protected]; [email protected]‐barbara.ca.us HEARING Petitioner's motion for leave to file First Amended Petition for Writ of Mandate and Complaint for Declaratory and Injunctive Relief RULING The motion is granted. Petitioners/Plaintiffs are directed to separately file their First Amended Petition and Complaint forthwith. Background Petitioners and Plaintiffs Suzanne Duca, Amalia Coffey, and Dal...

Excerpt: ...en (7) causes of action advanced in the second amended pleading, but before the demurrer/motion to strike could be heard on the merits, plaintiff asked for and was granted permission to file a fourth amended complaint. The fourth amended complaint was filed on July 12, 2022, and the defendants have once again have filed a demurrer and a motion to strike to the entire pleading. We have reached the final pretrial pleading denouement. Plaintiff adva...

Excerpt: ... Protective Order ATTORNEYS: For Plaintiff Richard Basulto: Ronald W. Makarem, Cameron A. Stewart, Makarem & Associates, APLC For Defendant Foodbank of Santa Barbara County: Molly Thurmond, Cyrus Khosh‐Chashm, Tristan Verburgt, KVT Law Group, LLP TENTATIVE RULING: Plaintiff's motion is granted. Background: This is a wrongful termination lawsuit brought by plaintiff Frank Anthony Basulto against defendant Foodbank of Santa Barbara. As alleged in...

Excerpt: ...am Kundu: Thomas D. Sands TENTATIVE RULING: The motion of plaintiff Discover Bank for summary judgment is granted. Plaintiff Discover Bank is entitled to judgment in its favor against defendant Anupam Kundu in the principal amount of $30,712.93. Plaintiff shall give written notice of this order. Background: On February 1, 2022, plaintiff Discovery Bank filed its complaint in this action against defendant Anupam Kundu asserting causes of action fo...

Excerpt: ... Relations, Division of Labor Standards Enforcement For Defendant and Appellant Heritage Recovery, Inc.: Leslie A. McAdam, Ferguson Case Orr Paterson LLP TENTATIVE RULING: The court grants the motion and awards attorney's fees in the amount of $40,950 in favor of plaintiff and respondent Perla Lopez and against defendant and appellant Heritage Recovery, Inc. In addition, the clerk shall enter costs on the judgment in the amount of $755.24. Backgr...

Excerpt: ...shen, PRJKT SB, Inc., Joseph Dies, and Square Escape, LLC: Adam C. Rapaport TENTATIVE RULING: For the reasons set forth herein, the demurrer of defendants Omar Khashen, PRJKT SB, Inc., Joseph Dies, and Square Escape, LLC, to the complaint of plaintiff PRJKT Concessions Inc., is sustained, with leave to amend, as to the first, second, third, and fifth causes of action and is overruled as to the fourth cause of action. Plaintiff shall file and serv...

Excerpt: ...smissal And Enter Judgment RULING For reasons stated herein, unless plaintiff's counsel appears at the hearing on the motion and requests supplemental briefing, the Court will grant the motion, in part, vacate the dismissal and enter judgment against defendant Devyne Ellison in the amount of $1,778.00. Plaintiff shall submit a corrected proposed order and judgment and give notice of this ruling to defendant at all known addresses. Background This...

Excerpt: ...intiff Gardner Management, Ltd., filed this unlawful detainer complaint against defendant Ryan Perry on April 19, 2022. The complaint seeks, among other things, past due rent, attorney's fees, interest, and late fees, pursuant to a rental agreement for premises located in Carpinteria, California. (Complaint at ¶ 19.) On June 10, 2022, the Court granted defendant's motion to strike the complaint's request for late fee damages, with leave to amend...

Excerpt: ..., LLP HEARING (1) Motion of Defendants Jeff Pescatello, John Williams, and DelPlaya Media, Inc., to Disqualify Todd Wooten as Derivative Plaintiff (2) Demurrer of Defendant Ron Donaire to Complaint RULING (1) For the reasons set forth herein, the motion of defendants Jeff Pescatello, John Williams, and DelPlaya Media, Inc., to disqualify Todd Wooten as plaintiff is denied. These defendants shall file and serve their responsive pleading on or befo...

Excerpt: ...iff David Matthew Kilrain is overruled. Defendants shall file and serve their answer to the third amended complaint on or before September 22, 2022. Background Plaintiff David Matthew Kilrain filed his original complaint in this action on May 27, 2021. The original complaint asserted a cause of action for negligence against defendants Shoreline Farms LLC (Shoreline Farms) and Aviana Kjos, which was set forth in a Judicial Council form complaint w...

Excerpt: ...ecifically those identified as “Exhibits” by Petitioner, and as “971 EDM's Exhibit” by County. While this Court believes some or all of the exhibit(s) may also be a part of and included in the Administrative Record which was recently lodged with the Court, the absence of any separately filed “exhibit” has precluded it from confirming that fact. Additionally, on August 24, 2022, Petitioner filed several new documents. The first is a No...

Excerpt: ...in was in a romantic relationship with defendant John Fly, Jr., through early 2021. (First Amended Complaint [FAC], attachment BC‐1.) During that relationship, Griffin lent money to Fly, or spent money at Fly's request, for Defendant's iPad, health and dental insurance premiums, medical and dental expenses, credit card bills, Fly's household and personal expenses (including alimony and child support payable to Fly's ex‐wife), and for improvem...

Excerpt: ..., alleges two causes of action for general negligence against defendant Wheel Fun Rentals Of Santa Barbara, Inc. dba Santa Barbara Trolley Company (Wheel Fun). In the complaint, plaintiff alleges that she was hired by Wheel Fun as a commercial driver on May 3, 2016. As alleged in the complaint, plaintiff was discriminated against based on her race, experienced disparate treatment, was treated unfairly due to the discrimination. (Complaint, ¶ GN�...

Excerpt: ...Plaintiff Victoria Tice is a former employee of defendant Trader Joe's Company. Her class and representative action complaint, filed February 14, 2020, alleges two causes of action against defendant Trader Joe's Company for (1) violation of Labor Code §§ 201 ‐203, and (2) violation of Labor Code § 2698, et seq. (the Private Attorneys General Act of 2004 or PAGA). In its prior rulings, the Court has set forth the detailed background of this c...