Excerpt: ...andpiper Property Management Inc. (“Sandpiper”) filed a complaint for unlawful detainer against defendant Sean Wilczak (“Wilczak”). On June 13, 2022, Sandpiper filed an application and order to serve the summons on the complaint by posting, pursuant to Code of Civil Procedure section 415.45, subdivision (a). The Court granted the application and signed the order on June 10, 2022, which was filed on June 13, 2022. Pursuant to the Court's o...

Excerpt: ...ly 22, 2022. Any party may file and serve a response to another party's supplemental brief on or before July 29, 2022. Background: As alleged in the operative pleading, the first amended complaint (FAC), of plaintiff Gabrielino‐Tongva Tribe (Tribe): On November 6, 2006, the Tribe filed a complaint against defendant Jonathan Stein (Jonathan) in Los Angeles County Superior Court in case No. BC361307 (the Underlying Action). (Note: The court uses ...

Excerpt: ...Ct), 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 which date the LASCt also issued a lengthy State...

Excerpt: ...020, alleging one cause of action for breach of a March 1, 2019 “Shopping Center Lease” (“Lease”) for premises located at 904 Rancho Parkway, Suite F4‐A, Arroyo Grande, CA 93420. On January 28, 2022, the Court granted plaintiff's motion for summary judgment, and on March 1, 2022, entered judgment in plaintiff's favor in the amount of $237,673.42. On March 2, 2022, plaintiff filed and served on defendant a notice of entry of judgment. Pl...

Excerpt: ...rticulture Farmland, LLC: Robert J. Noriega, Mark R. Bateman, Brett A. Stroud, Lauren N. Naworski, Law Offices of Young Wooldridge, LLP Emails: [email protected]; [email protected]; mtang@ty sonmendes.com; [email protected]; joe.salazar@lewisbrisboi s.com; [email protected]; [email protected]; mb [email protected]; lnaworski- [email protected]; [email protected]; cc: Email string ...

Excerpt: ...2. 2. FIC's motion to sever and reclassify the Cross-Complaint as Limited Jurisdiction is denied. 3. FIC's request for Judicial Notice in support of the Demurrer is denied. 4. FIC's Motion to Strike Punitive Damages is granted. 5. CEI's requests for Leave to Amend and/or to name Melody Yoon and Jeffrey Abbott of FIC is denied. Analysis Demurrer by FIC The court's only task in ruling on a demurrer is to determine whether the complaint states a cau...

Excerpt: ... Michael D'Alise shall serve verified further responses, without objection and in a form complying with the Code of Civil Procedure, on or before July 25, 2022. (2) As set forth herein, the motion of plaintiff Reece Williams to compel further responses to requests for admission, set one, is granted to compel further responses to requests for admission Nos. 5, 6, 9, 10, 11, 12, 13, and 14. Defendant Michael D'Alise shall serve verified further res...

Excerpt: ... Michael D'Alise shall serve verified further responses, without objection and in a form complying with the Code of Civil Procedure, on or before July 25, 2022. (2) As set forth herein, the motion of plaintiff Keely Gonzalez to compel further responses to requests for admission, set one, is granted to compel further responses to requests for admission Nos. 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, and 15. Defendant Michael D'Alise shall serve verifie...

Excerpt: ...he motion, arguing that there exist triable issues of fact as to whether Saville's conduct falls within the primary assumption of risk doctrine and Saville's duty to use due care. It is undisputed that on July 5, 2018, Olson and Saville were surfing in the water at Miramar Beach with several other surfers around them when they, and at least one other surfer, caught the same wave (the “Subject Wave”). (Opposing Separate Statement [“Opp. Sep....

Excerpt: ...rrisoncohen.com; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; boden@g‐ tlaw.com; downs@g‐tlaw.com; Matter ALSANA'S demurrer, motion to strike and anti‐SLAPP motion against Steiner's Cross‐Complaint [“CC”]; Evidentiary Objections. Rulings 1. Evidentiary Objections: 1. To Declaration of Jennifer Steiner Paragraph 12 (3:16‐19): Overruled Paragraph 13 (3:...

Excerpt: ...we's Home Centers, LLC: Joan E. Cochran, Jacqueline M. Wade, Cochran, Davis & Associates, P.C. Emails: [email protected]; [email protected] MATTERS (1) Demurrer to Complaint (2) Motion to Strike RULING (1) Defendant Lowe's Home Centers, LLC's, demurrer is sustained without leave to amend. (2) Defendant Lowe's Home Centers, LLC's, motion to strike is granted. Background As alleged in plaintiffs' complaint filed on January 14, 2022, pla...

Excerpt: ... Hand was traveling northbound on La Cumbre Road in the City of Santa Barbara, California. Hand had a green light at the intersection of La Cumbre Road and Calle Real when defendant Gregorio Ruiz Solis (“Solis”) made a left turn onto Calle Real in front of Hand. Hand was unable to stop, and Solis collided with her front right bumper with great force. Hand sustained injuries to her neck and back as a result of the crash. Based on information b...

Excerpt: ... two), 7) negligence (count one), 8) negligence (count two), 9) respondeat superior, 10) negligence (count three), 11) negligence (count four), 12) common count, and 13) indemnification for any amounts she may owe taxing authorities. Among the defendants is Partnervest Advisory Services, LLC (“Partnervest”), against whom plaintiff alleges two causes of action for respondeat superior (the ninth cause of action) and negligence (the tenth cause ...

Excerpt: ...y Delaney for an award of reasonable attorney fees and costs pursuant to Code of Civil Procedure section 425.16, subdivision (c) is granted. The Court awards reasonable attorney fees and costs in favor o f defendant Timoth y Delane y and a gainst plaintiff Viviane Delan y in the amount of $18,665 . Background On September 8, 2021, plaintiff Viviane Delane y (Viviane) filed her ori ginal complaint in t action. On January 6, 2022, Viviane filed her...

Excerpt: ...e's Home Centers, LLC: Joan E. Cochran, Jacqueline M. Wade, Cochran, Davis & Associates, P.C. Emails: [email protected]; [email protected] MATTER Demurrer To Complaint RULING Defendant LG Electronics U.S.A., Inc.'s demurrer to the complaint is sustained without leave to amend. Background As alleged in plaintiffs' complaint filed on January 14, 2022, plaintiffs Kristin Fraser and Jason Lloyd purchased a 2019 LG clothes dryer from defen...

Excerpt: ... Documents and Request for Sanctions ATTORNEYS: For Plaintiff Alan Cerf: Stephen McElroy, Josh Dowell, Ryan Davidson, McElroy Parris Trial Lawyers, Richard R. Bredlau, Law Offices of Richard R. Bredlau For Defendant William Woodward: Craig A. Livingston, John C. Hentschel, Livingston Law Firm TENTATIVE RULING: Plaintiff's motions are granted, except as to sanctions. Defendant William Woodward shall serve verified further responses to plaintiff's ...

Excerpt: ...anctions ATTORNEYS: For Plaintiff Yvonne 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: Plaintiff's motion of plaintiff to compel further responses to discovery, and for sanctions, filed on January 10, 2022, is granted. (2) Defendant Brown & Brown...

Excerpt: ...ntiff the People of the State of California: Joyce Dudley, Christopher B. Dalbey, Morgan S. Lucas, Santa Barbara County District Attorney's Office, Michael N. Feuer, Robert Cha, Christina V. Tusan, William R. Pletcher, Miguel J. Ruiz, Office of the Los Angeles City Attorney Criminal and Special Litigation Branch For Defendant Sunseeker Enterprises, Inc. dba Sun Firedefense: Scott McEwen, Huston & McEwen For Defendant James Moseley: William Chapma...

Excerpt: ...rown, Jessica M. Garcia, William Bellor-Yeh, Zwicker & Associates, P.C. For Defendant Christopher A. Thierfelder: Self-represented TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiff U.S. Bank National Association for summary judgment is granted for judgment in favor of plaintiff and against defendant Christopher A. Thierfelder in the amount of $4,640.62. Background: On March 19, 2021, plaintiff U.S. Bank National Associat...

Excerpt: ...fendant Michael D'Alise shall serve verified further responses, without objection and in a form complying with the Code of Civil Procedure, on or before July 11, 2022. (2) As set forth herein, the motion of plaintiff Keely Gonzalez to compel further responses to requests for admission, set one, is granted to compel further responses to requests for admission Nos. 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, and 15. Defendant Michael D'Alise shall serve ...

Excerpt: ...ance with this ruling. In addition, the Court awards sanctions in favor of The Regents of the University of California, against plaintiff, in the amount of $1,000.00, payable to defendant's counsel. Payment of sanctions is due by July 17, 2022. Background: This is a consolidated action for pre-trial purposes only. On March 26, 2021, plaintiff Ryan Hashimoto filed a complaint against The Regents of the University of California, the University of C...

Excerpt: ...n the amount of $1,941.50. Background: On December 20, 2016, judgment creditor Andersen Springs Community Association (ASCA) obtained a judgment in its favor in the Justice Court, West Mesa Precinct, County of Maricopa, State of Arizona (AZ Judgment) against judgment debtors Veronica Loza and Udy Loza, a marital community. (Application for Entry of Judgment, filed Apr. 2, 2018, exhibit A.) On April 2, 2018, ASCA filed its application with this co...

Excerpt: ...�). As alleged in the complaint, from September 21 through September 27, 2020, plaintiff was a guest at a rental property owned by Beach Group and located at 3349 Cliff Drive in Santa Barbara, California 93109 (“Premises”). (Complaint, ¶ 9.) During his stay at the Premises, plaintiff used the pool and spa located in the backyard. (Ibid.) The pool and spa were contaminated with the legionella bacterium and, as a result, plaintiff contracted L...

Excerpt: [email protected] Los Posas v Fox Canyon master email string Matters 1. Kirschbaum's Motion to Disqualify (1) attorne ys Russell McGlothlin, Scott Slater, Matt Farber Schreck LLP from representing any party to this action. 2. Peremptor y Challen ge filed 6/9/22 b y the Law Offices of Youn g Wooldrid ge, LLP Attor 3. Evidentiary Objections 4. Request to Strike and Ob jections to new evidence presented in the Declaration of Neal M 5. Reque...

Excerpt: ...ion is GRANTED. Plaintiff has submitted a Judgment that provides “that Plaintiffs motion shall be granted, and judgment shall be entered.” The Court wants a judgment consistent with the analysis below; to wit: Judgment in the amount of $86,424.97 including costs pursuant to a memorandum of costs. Background This is a debt collection action. On October 20, 2017, plaintiff SoFi Professional Loan Program Grantor Trust 2014-B filed a complaint al...