Excerpt: ...Grassini Qualified Personal Residence Trust, udt date July 18, 2000, as to an undivided one half interest, and Kathleen S. Grassini: Trustee or any Successor Trustee of the Kathleen S. Grassini Qualified Personal Residence Trust, udt date July 18, 2000, as to an undivided one half interest: Todd A. Amspoker, Price, Postel & Parma LLP RULING: To address the issues set forth herein, the motion of plaintiff County of Santa Barbara for an order for p...

Excerpt: ...g, Guru Thapar, and Forward Beverly Hills, Inc. dba Keller Williams RULING: The motion is granted. Mr. Aguila is directed to separately file his Second Amended Cross-Complaint by April 26. Because PRFM and Mortgage Co. of Santa Barbara, Inc. have settled the action with Aguila, subject to the court's determination that the settlement was entered into in good faith, they need not respond to the complaint at this time. Should the motion be granted,...

Excerpt: ...before March 30, 2020, plaintiff Taryn Intravartolo shall serve further responses, personally verified by Intravartolo and in a form complying with the Code of Civil Procedure without objection except as to privilege, to defendants' form interrogatories, set one, No. 17.1, as that interrogatory relates to plaintiff's responses to defendants' requests for admission, set one, Nos. 4, 5, 6, 8, 9, 10, 11, and 14, and shall serve further responses, pe...

Excerpt: ...rs stricken the prayer for attorney fees at page 17, line 19, of plaintiffs' complaint. The court denies the motion in all other respects. Background: This action arises out of a lease between plaintiff High Sierra Grill Santa Barbara, Inc. (“HSG”) and defendant City of Santa Barbara, and HSG's attempts to assign the lease to plaintiff Flightline Restaurant, LLC (“FRL”). Plaintiffs Flightline; HSG; and HSG's principals, Manuel Perales, Ma...

Excerpt: ...Butler in Flightline Restaurant, LLC, for the unsatisfied amount of the judgment herein. Counsel for judgment creditor shall prepare an order. Background: On December 18, 2017, defendant Warren Butler, dba Butler Event Center, executed a Confession of Judgment Statement confessing judgment in favor of plaintiff Kellogg Square, LLC. Also on December 18, 2017, defendant's counsel, Reed H. Olmstead, executed an Attorney's Declaration in Support of C...

Excerpt: ...ean A. Chung, the first ending in number 2002 and the second ending in number 4006. Defendant used the credit cards to purchase goods and services totaling $16,526.03 on card 2002 and $16,185.24 on card 4006 ($32,711.27 total for both cards). No part of these sums has been paid, although demand for payment in the form of monthly billing statements has been sent to defendant. On June 18, 2019, plaintiff filed its complaint alleging causes of actio...

Excerpt: ...ch 23, 2020. 2. The court sustains defendant Royal Sun & Alliance Insurance PLC's demurrer to the seventh cause of action in plaintiff Start, Inc.'s first amended complaint with leave to amend. The court overrules the demurrer to the third cause of action. If plaintiff Start, Inc. chooses to amend the negligent misrepresentation cause of action, it shall file a second amended complaint on or before March 23, 2020. If plaintiff does not amend the ...

Excerpt: ...o be held on March 18 and 19. Trial Briefs, in limine motions, witness lists, exhibit lists all due Friday March 13. Background The case was on calendar on 2/25/20; at that time the Court said in its extensive tentative ruling that: “Plaintiff's Contentions: The motion for trial preference was filed 1/23/20; the Court summarizes here; the case is a Commercial Unlawful Detainer action. Plaintiff requests that the case be set for trial for a date...

Excerpt: ...ide a due diligence declaration; (2) Deadline for Class Counsel to file for Final Approval; and (3) The hearing date for Final Approval. Analysis This is Plaintiffs Roberto Ramirez' and Richard Hockison's unopposed motion, on behalf of themselves and the putative class, for the following orders: (1) Preliminarily Approving Settlement of Plaintiffs' Class Claims; (2) Provisionally Certifying the Settlement Class; (3) Approving the Class Notice and...

Excerpt: ...y the statute of limitations because the amendment substituting Emilee Follett was filed more than two years after the date the incident occurred. An action for injury caused by the wrongful act of another must be pled within two years from the date of the incident. (Code Civ. Proc., § 335.1.) Code of Civil Procedure section 474 permits a plaintiff to amend complaints by adding parties as Doe defendants “[w]hen the plaintiff is ignorant of the...

Excerpt: ...f the documents sought by Federal have been produced at least 14 days prior to the deposition date (if they have not already been produced). The hearing on Western's motion for summary judgment on its first amended complaint, currently scheduled for March 20, 2020, will be continued to May 1, 2020. Supplemental opposition and reply papers may be filed by the parties, related solely to information obtained from or discussed in the PMQ deposition, ...

Excerpt: ...CRC 3.1351(b). Background: This is an action for unlawful detainer following a foreclosure sale. In its complaint, plaintiff Strategic Emerging Economics, Inc. (“SEE”), alleges: SEE is the owner of real property located at 4630 Via Vistosa in Santa Barbara, having acquired the property at a trustee's sale on November 27, 2019. Defendants David Shor and Judi Shor (collectively “Shor” or “defendants”) are the former owners of the Proper...

Excerpt: ...not completely dispose of the ninth affirmative defense. BACKGROUND: This action arises out of a neighbor dispute. As alleged in the complaint, plaintiffs James Roberts and Danielle Roberts own and reside at 365 Oak View Lane, Santa Barbara. Defendants James Foster and Sandra Russell own and reside at 375 Oak View Lane, Santa Barbara. Both the Roberts property and the Foster/Russell property are governed by the recorded Covenants, Conditions, and...

Excerpt: ...fs are Misael Espinoza and Luis Espinoza. Defendant is Alan Raymond Ewing. Plaintiff previously moved for an order authorizing service of defendant by publication. That motion was denied on January 7, 2020, based upon the failure of the motion to (a) include a memorandum of points and (b) the failure to include an affidavit demonstrating to the satisfaction of the Court that a cause of action exists against the party upon whom service is to be ma...

Excerpt: ... Nykeemah McClendon, Law Office of Marvin P. Velastegui RULING: (1) For the reasons set forth herein, the motion of plaintiff Michele Siegan to strike the memorandum of costs of defendant Taylor Rae Person is granted and the memorandum of costs of defendant Person is ordered stricken. (2) For the reasons set forth herein, the motion of defendant Taylor Rae Person to strike or to tax costs of plaintiff Michele Siegan is granted in part. The motion...

Excerpt: ... the reasons set forth herein, the motion of plaintiff Beacon Pointe Wealth Advisors, LLC, for issuance of a preliminary injunction is denied. The temporary restraining order and order to show cause re issuance of preliminary injunction filed by the Court on January 30, 2020, is dissolved and discharged. Background This is an order to show cause re issuance of a preliminary injunction after issuance of a temporary restraining order. The Court has...

Excerpt: ... of Santa Barbara [“City”] RULING: The motion is granted as to $615 in filing and motion fees; in all other respects the motion is denied. As a result, costs will be allowed in the total amount of $8,616.68. Background After plaintiff prevailed at trial, he filed a Memorandum of Costs seeking a total of $9,231.68 in costs. City now seeks to tax $7,947.15 of the claimed costs. Specifically, City challenges the $1500 claim for filing and motion...

Excerpt: ...laintiff McCoy Electric Corporation: Barton C. Merrill For Defendants, Cross-Complainants, and Cross-Defendants A. Stuart Rubin and Annette Rubin: Patrick C. McGarrigle, Michael J. Kenney, McGarrigle, Kenney & Zampiello For Cross-Defendant and Cross-Complainant The Las Canoas Co. dba Construction Plumbing: Daniel E. Engel TENTATIVE RULING: (1) The motion of cross-defendant Construction Plumbing to compel further responses to inspection demands is...

Excerpt: ...gment and Defendant's Reply. On or before March 2, 2020, the parties shall filed unredacted copies of all documents filed conditionally under seal. 2. The court, on its own motion, strikes the Sur Reply that plaintiff Erik A. Hennings filed on January 31, 2020, and the declaration of Daniel Kalinowski in support thereof filed on January 31, 2020. The court denies defendants' request for a sanction under CCP § 128.5. 3. The court grants, in part,...

Excerpt: ...ugh that defendants should have corrected or warned of it. The parties reached a settlement of the action at the Mandatory Settlement Conference held on December 7, 2018. The parties agreed that, in exchange for a payment of $80,000 to plaintiff, she would dismiss her lawsuit as to all defendants with prejudice. Each side would bear its own costs. The parties stated that counsel would prepare a release that would memorialize the terms of the sett...

Excerpt: ...ion arises from injuries allegedly suffered by plaintiff in a trip and fall incident which occurred on January 29, 2017, when plaintiff fell after stepping into a deep rut on the parkway adjacent to the sidewalk which abutted defendant's property. Plaintiff served a set of nine requests for admissions upon defendant on October 24, 2019, seeking defendant's admissions that, among other things, he owned the adjacent real property, was a licensed re...

Excerpt: ...perated a commercial cannabis nursery located at 1628 Cravens Lane, Carpinteria. (Second Amended Complaint [SAC], ¶¶ 1, 8.) The nursery sector of the legal cannabis market does not produce cannabis flower/buds for market, but focuses on the earliest stages of plant development, including plant breeding and the productions of vegetative mother plants (up to nine months), clones (up to one month), and teens (up to three months). (SAC, ¶ 9.) In o...

Excerpt: ...the proceedings in this action are ordered stayed for thirty days. The motion for order bifurcating trial of the issue of liability from the issue of damages is denied. BACKGROUND: Plaintiff Courtney Crosby brings this action for personal injuries sustained in a helicopter crash that occurred on May 5, 2017, in Santa Barbara, California. Plaintiff was a passenger in the helicopter and was taking a tour of Santa Barbara when the pilot began experi...

Excerpt: ...e address Aaron Valdis Gauss provides. The court denies plaintiff Saticoy Development Co., LLC's request for a penalty. Aaron Valdis Gauss shall file his verified answer to the complaint on or before March 9, 2020. Background: On August 1, 2019, the court entered the default of Aaron Valdis Gauss (“Gauss”). Pursuant to a court order, plaintiff served Gauss on June 25, 2019, by email addressed to [email protected]. Gauss lives in Taiwan. M...

Excerpt: ...nt for violations of the Elder and Dependent Adult Civil Protection Act (W&I Code §§ 15600, et seq.) and breach of fiduciary duty against defendant Rena Felicia Smith, individually and as trustee of the Thomas Blatt Living Trust dated August 19, 2015 (the “Trust”). Plaintiff alleges: Plaintiff is the son of decedent Thomas “Toivi” Blatt and is a residual beneficiary of the Trust. [Complaint ¶5] Defendant is decedent's daughter. [¶8] P...

Excerpt: ...ntiffs Robert Foote and Kathleen Foote (collectively “Foote”) allege: Defendant Roy Schrader borrowed $135,000 from plaintiffs as evidenced by a written note dated August 1, 2012. [Complaint ¶7] The note provides for $500 monthly payments through November 1, 2012, then $1,000 monthly payments through February 1, 2014, at which time the entire principal balance and accrued interest at 4% per annum would be due and payable. [¶9] Schrader made...

Excerpt: ... were the prevailing party and are entitled to an award of expert witness fees is denied under either theory. 2. There has been a Cost Memorandum submitted seeking “expert fees (per 998) of $1,852.50” on 12/27/19; counsel are invited to comment on when “an order” related to an award of costs will be submitted in light of this decision. Background Judgment was entered on 12/17/19 after a 3-day bench trial. On 12/27 Brinkman filed a Memoran...

Excerpt: ...onday March 16, 17 [1/2 day–afternoon], 18, 19, 20, 21 and Monday March 23. Counsel are invited to meet and confer on how long the case will take and if it will be a bench trial or a jury trial and inform the Court at the hearing on 2/25 the dates and length of trial; will it be a bench trial or a jury trial? All trial documents including hearing briefs, witness lists, exhibit lists, in limine motions, due March 3, 2020 (courtesy copied to the ...

Excerpt: ...d A. Carman, Etehad Law APC RULING: For the reasons set forth herein, the motion of petitioner Reetz, Fox & Bartlett LLP to compel arbitration is granted in part to compel arbitration of issues arising from legal services provided by petitioner to or on behalf of: (1) respondent Alberto Rodriguez in connection with or in aid of the “Kellogg Avenue Project improper precondemnation activities by City of Goleta,” at any time, as to Rodriguez; (2...

Excerpt: ...ponses to requests for inspection of documents, to compel production, and for sanctions of $5,439 Plaintiff's motion to compel further responses to requests for admissions and for sanctions of $5,243.50 ATTORNEYS: Mark L. Eisenhut / Samuel G. Brooks of Call & Jensen for plaintiff Anthony J. Barron / Conor C. McNamara of Nixon Peabody LLP for defendant TENTATIVE RULINGS: All three motions are granted, in the manner articulated below. Further suppl...

Excerpt: ...-complaint for breach of contract and elder abuse is sustained with leave to amend. Cross-complainant shall have to and including March 4, 2020 to file an amended pleading. BACKGROUND: Plaintiff Andre Neumann (“Andre”) is the son of defendant Gisela Neumann (“Gisela”) and together they are co-owners of a single family residence located at 6175 Manzanillo Drive, Goleta, California 93117 (the “Property”). The Property is encumbered by a...

Excerpt: ...ants shall prepare and lodge a judgment consistent with this ruling. Background: On January 8, 2018, plaintiffs Joe Granada, Jaime Flores Polanco, Alejandro Saavedra, Estaban Mora, Ismael Rodrigues, and Eduardo Isqueda filed their original complaint in this action against defendants Regents of the University of California (Regents) and Stephen Klock. On March 8 and May 17, 2019, the parties went to a mediation represented by counsel. (Miller decl...

Excerpt: ...e complaint, plaintiff Strategic Emerging Economics, Inc. is the owner of real property located at 4630 Via Vistosa, Santa Barbara, California 93110 (the “Property”), having acquired the Property at a trustee's sale on November 27, 2019. Defendants David Shor and Judi Shor are the former owners of the Property. Following the foreclosure sale, defendants were allegedly served with a three-day notice to quit the premises, but they have failed a...

Excerpt: ...our is denied in its entirety. (3) Defendants Bruce Tamao Hayashi and Janice Hayashi shall file and serve their answer to the first amended complaint on or before March 9, 2020. Background: As alleged in the first amended complaint (FAC) of plaintiff Allison Armour: Plaintiff Armour and defendants Bruce Tamao Hayashi and Janice Hayashi (collectively, the Hayashis) are neighbors owning adjoining parcels of real property. (FAC, ¶ 1.) Armour's prop...

Excerpt: ...'s demurrer to the complaint with leave to amend. On December 6, 2019, Allied filed a first amended complaint (FAC) asserting a single cause of action for trade libel. Allied alleges: On October 7, 2015, Allied entered into an Agreement for Cardiovascular Perfusion Services with Santa Barbara Cottage Hospital, under which Allied would furnish perfusion personnel and perform perfusion services for Cottage as an independent contractor for a five-ye...

Excerpt: ...idden high voltage cables. He filed his complaint on July 12, 2017, against original defendants Apeel Technology, Inc., dba Apeel Sciences, Inc. (erroneously sued as Apeel Services, Inc.); Southern California Edison; and Allergan Inc. (“Allergan”). The causes of action in the complaint are: 1) premises liability, 2) general negligence, 3) products liability (strict liability, negligence, and breach of implied and express warranties); and 4) n...

Excerpt: ...s in the amount of $225,000. Plaintiffs' request for expert witness fees pursuant to Code of Civil Procedure Section 998 is denied. Defendant's motion for attorney's fees and Section 998 expert witness fees is denied. BACKGROUND: This is an action for personal injuries resulting from mold contamination at residential property located at 512 E. Victoria Street, Santa Barbara, California 93101. Plaintiff Linea Polk and her daughter, plaintiff Shann...

Excerpt: ... allege that defendant Toby Landon Claude was driving a vehicle owned and entrusted by defendant EAN Holdings, Inc., and that he operated the vehicle in the course of his employment by defendant Hot Line Construction, Inc. Demurrer: Defendant EAN demurs to the complaint on the ground that plaintiffs only make conclusory allegations without facts supporting the conclusory allegations. EAN also contends the action is barred by the federal Graves Am...

Excerpt: ... J. Gamberdella's motion for summary judgment or, in the alternative, summary adjudication. Background Plaintiff CARP Property, LLC (“CARP”), commenced this action on August 9, 2019. In its complaint, plaintiff alleges: On March 15, 2016, Rafi Tarakjian, sole manager, CEO, and sole member of CARP, entered into a Residential Income Property Purchase Agreement to purchase property at 4647 Carpinteria Avenue in Carpinteria from Efrain Corona, tr...

Excerpt: ...NG: Defendant Association's demurrer to plaintiffs' FAC is overruled. Defendant shall file and serve its answer to the FAC on or before February 28, 2020. BACKGROUND: This action concerns a private unit development called Shadow Hills in Santa Barbara, California. There are 18 single- family homes within the development. Plaintiffs Larry W. Lawson and Nancy Duong (the “Lawsons”) are the owners of real property located at 4433 Shadow Hills Bou...

Excerpt: ...llowing a foreclosure sale. Plaintiff Strategic Emerging Economics, Inc. is the owner of real property located at 4630 Via Vistosa, Santa Barbara, California 93110 (the “Property”), having acquired the Property at a trustee's sale on November 27, 2019. Defendants David Shor and Judi Shor are the former owners of the Property. Following the foreclosure sale, defendants were served with a three-day notice to quit the premises, but they have fai...

Excerpt: ...nd: As set forth in the evidence submitted in support of this motion: On January 9, 2019, plaintiff Deutsche Bank National Trust Company, as Trustee for the WAMU Mortgage Pass-Through Certificates, Series 2004-AR-2 (Bank) purchased real property located at 374 Cinderella Lane, Santa Barbara (Premises) at a duly noticed Trustee's sale. (Request for Judicial Notice [RJN], exhibit A.) Bank perfected its title to the Premises by recording the Trustee...

Excerpt: ... Novak filed their verified complaint in this action against defendant William Charles Conway, M.D., alleging causes of action for professional negligence arising out of post- surgical treatment of Wideman following surgery performed by Dr. Conway on Wideman. (Complaint, ¶ GN-1.) On October 9, 2019, Dr. Conway filed his answer to the complaint. On October 25, 2019, Dr. Conway filed his amended answer to the complaint. On December 31, 2019, Dr. C...

Excerpt: ...e filing of two separate actions, and with the litigation of the second action through the filing of a second amended complaint, the conduct of discovery, a number of law and motion hearings (demurrer, three motions to quash deposition subpoenas filed by plaintiff, and defendant's motion for summary judgment), and through trial. Defendant prevailed at trial, and was awarded continued possession of the premises under the terms of the lease. Plaint...

Excerpt: ...iding for month-to-month occupancy, and under which defendant agreed to pay monthly rent of $1,175.00. The agreement was entered into with plaintiff's predecessor in interest. Defendant was served with a 60-day notice to quit on October 22, 2019, by posting a copy on the premises and mailing a copy to defendant, because no person of suitable age or discretion could be found there. The notice included an election of forfeiture. The 60-day period e...

Excerpt: ...Dismissal with Prejudice and Motion for Sanctions against Defendant's Attorney for Purposely Violating California Rules of Court, Rule 3.1308, subdivision (a)(1). ATTORNEYS: Angelina R. Lane for Plaintiff Jane Doe Daniella T. Felix for Defendant Peter Searle Clark TENTATIVE RULING: Plaintiff's motion for reconsideration of the court's order dismissing her second and fifth causes of action with prejudice is denied. Plaintiff's motion for sanctions...

Excerpt: ...-Defendants Mortgage Co. of Santa Barbara and Carl Lindros: Eric A. Woosley For Defendant and Cross-Complainant Henry Aguila: Self-represented For Cross-Defendant Forward Beverly Hills, Inc., dba Keller Williams Realty and dba Keller Williams Commercial: Andrew L. Leff, Spile, Leff & Goor, LLP For Specially-Appearing Cross-Defendants Wolf Baschung, Guru Thapar, and Forward Beverly Hills, Inc.: Rinat Klier-Erlich, Michael Zaiderman, Manning & Kass...

Excerpt: ...Cross-Complainant Tami Kerrigan: Jana S. Johnston, Daniella R. Scioscia-Regencia, Mullen & Henzell LLP TENTATIVE RULING: The demurrer of cross-defendant Allen Cohen to the cross-complaint of Tami Kerrigan is overruled in its entirety. Cohen shall file and serve his answer to the cross-complaint on or before February 25, 2020. Background: As alleged in the cross-complaint: Cross-complainant Tami Kerrigan and cross-defendant Allen Cohen's late wife...

Excerpt: ...rly M. Jones (“Jones”) and defendant 1664 EVR, LLC (“1664 EVR”), a California limited liability company, entered into a written lease agreement for Jones and her children to occupy a single family residence owned by 1664 EVR, located at 1664 East Valley Road, Santa Barbara, California (the “Subject House”). The rent was $32,000.00 per month and the security deposit was $45,000.00. Jones and her children occupied the Subject House for ...

Excerpt: ...at plaintiff cannot cure the defect because it cannot sue the United States in this court. Background: On August 30, 2019, Qui Tam plaintiff Save the Valley, LLC (“STV”), filed its first amended complaint (“FAC”) on behalf of the Attorney General of the State of California, against defendants Chumash Casino Resort Enterprises (“CCRE”), Chumash Casino Resort (“CCR”), and seven individuals in their official capacities as representat...