Excerpt: ... J. Boone, Carolyn S. Elliott, Kaden D. Byron, Nathalia A. Aguirre, Patenaude & Felix, A.P.C. For Defendant Christophe Rudder a/k/a Christopher S. Rudder: Self Represented For Defendant Kimberly A. Breed: No Appearance TENTATIVE RULING: Plaintiff's motion is granted, in part. The dismissal entered on July 31, 2018, shall be vacated and judgment in the amount of $9,033.86 shall be entered against defendant Christophe Rudder a/k/a Christopher S. Ru...

Excerpt: ...ss Complainant The Los Canoas Co. dba Construction Plumbing: Daniel E. Engel TENTATIVE RULING: For the reasons set forth below, the Motion of The Los Canoas Co. dba Construction Plumbing for Attorney Fees is granted. The court awards attorney fees in favor of The Los Canoas Co. dba Construction Plumbing and against Annette Rubin and A. Stuart Rubin, jointly and severally, in the amount of $574,799.75. Background: This action arises out of a remod...

Excerpt: ...ork, Inc. (3) Motion of Plaintiff to allow for discovery of evidence of the financial condition of defendants Mikki Reilly and Fitness Transform. ATTORNEYS: For Plaintiff Anne Fristoe, M.D.: Kevin Gerry, The Law Offices of Kevin Gerry For Defendants Mikki Reilly and Fitness Transform: Matthew Olufs, Law Offfice of Matthew Olufs For Defendant Financial Credit Network, Inc.: Gabe P. Wright, Trevor S. Locko, Hahn Loeser & Parks LLP TENTATIVE RULING:...

Excerpt: ...h, Smoak & Stewart, P.C. TENTATIVE RULING: Defendant's petition to compel arbitration is granted, in part. This matter shall be stayed in accordance with this ruling. Background: On January 19, 2022, plaintiff Cesar “Tito” Arriaza (Arriaza) filed a complaint alleging a single cause of action against defendant Birnam Wood Golf Club (Birnam Wood) under Labor Code section 2698, et seq. (the Private Attorneys General Act or PAGA). Arriaza contend...

Excerpt: ...thy S. McConn, Tracy N. LeRoy, Wynn B. McCloskey, Jane Ray, Audrey Hendricks, Luke A. Schamel, Yetter Coleman LLP; Brian E. Klein, Melissa A. Meister, Waymaker LLP For Plaintiff California State Lands Commission (case No. 18CV02504): Rob Bonta, Brian D. Wesley, Matthew C. Heyn, Michael T. Zarro, Robert R. Willis, Office of the California Attorney General For Plaintiff Aspen American Insurance Company (case No. 18CV02504): David C. Veis, Laura Nas...

Excerpt: ...Jarlath M. Curran II / Douglas C. Stastny of Severson & Werson for defendants PHH Mortgage Inc, and Cascade Funding Mortgage Trust ‐HB8 TENTATIVE RULING: The motion for preliminary injunction is denied. Background: On August 29, 2022, Paul Eggli (Eggli) filed the current action, allegedly as fiduciary for plaintiff Christine Nyun‐Han (Nyun‐Han), alleging four separate causes of action for trespass on the case against various defendants, inc...

Excerpt: ... The demurrer of Benjamin Storck, to the cross‐complaint of Gina Hurley, is overruled. Benjamin Storck shall file an answer to the cross‐ complaint no later than November 22, 2022. Background: This action was commenced on June 22, 2022, by the filing of the complaint for constructive eviction and conversion by plaintiff Benjamin Storck against defendant Gina Hurley. The complaint alleges that plaintiff paid to defendant the amount of $16,500....

Excerpt: ...es and to production demand Nos. 1‐8 shall be made without the objections asserted by AECOM in its prior responses, given their complete failure to justify any of the objections in opposition to the motions. Responses shall be provided to production demand Nos. 9‐40 without any objections, which were waived by AECOM's failure to provide any timely responses to these requests. Sanctions of $7,500 will be awarded to RECON for each motion (for a...

Excerpt: ...l not be used or disclosed except in connection with this litigation. The parties shall meet and confer regarding the specific language of the protective order. (3) If not already completed, the parties shall finalize the Belaire-West notice. (4) Rich & Famous, Inc. dba Big Green Cleaning Company shall provide verified responses, absent objections except as to privilege, on or before November 28, 2022. (5) The request of plaintiff for an award of...

Excerpt: ...the complaint, on December 12, 2017, Levine signed a residential appraisal report (the appraisal) she prepared with respect to real property located at 2671 Painted Cave Road in Santa Barbara (the property). (Complaint, ¶ 8 & Exh. 1.) The appraisal identified the client name/intended user as Val‐Chris Investments, Inc. (Val‐Chris). (Ibid.) The value of $4.5 million attributed to the property in the appraisal was grossly inflated. (Id. at ¶ ...

Excerpt: ...d by Defendants Roe and Smythe related to an insurance claim involving an apartment building, in Pasadena, California, owned by plaintiffs. Michelle Smythe and Smythe Law Group (“Smythe Defendants”) were served on July 6, 2022. It does not appear that defendant Robert Roe has been served. The Smythe defendants filed the motion for change of venue, from Santa Barbara County to Los Angeles County on July 29, 2022. They argue that venue is prope...

Excerpt: ...t would not treat the application as a motion for judgment on the pleadings (at least to the extent defendants were advancing a facial broadside to the allegations in the operative complaint). On August 17, 2022, the court granted plaintiff's request to file a fourth amended complaint, vacated the trial date, reopened discovery, and reaffirmed that Alberto Rodriguez was dismissed as a party to the second cause of action for declaratory relief. Th...

Excerpt: ... 2018 accident, in which a black 2000 Ford Explorer (driven by Bibiano) collided with a 2013 silver Nissan Altima driven by Adriana. (Case No. 18CV03707, Judge Beebe.) Chubb Insurance Co., Everest Insurance Co. (“Everest”), and Great American Ins. Co. (“GAIC”) provided defenses for their respective insured. Underlying Defendants did not file a cross‐complaint. On April 24, 2019, the Underlying Plaintiffs resolved their claims at a Manda...

Excerpt: ...ph A. Schwar, Palmieri, Hennessey & Leifer, LLP For Defendant Bristol Farms dba Lazy Acres Market: Carl L. Grumer, Noro Mejlumyan, Manatt, Phelps & Phillips, LLP For Defendant HUB International Insurance Services, Inc.: Jeffrey A. Charlston, Stephen P. Soskin, Charleston, Revich & Wollitz LLP TENTATIVE RULING: The motion of plaintiff Heritage Two LLC to enjoin arbitration between plaintiff Heritage Two LLC and defendant Bristol Farms is denied. T...

Excerpt: ...Montecito Retirement Association dba Casa Dorinda: Madona L. Devling For Defendant Jevson Arevalo: Debra Ellwood Meppen TENTATIVE RULING: The motion of Casa Dorinda to Compel Arbitration is granted. The following sentence contained in paragraph six of the arbitration agreement is sticken: “Unless otherwise ordered by the arbitrator, each party shall pay its/his/her own attorneys' fees, witness fees, and other expenses incurred by the party for ...

Excerpt: ...R. Reid, Peter E. Theophilos, Lewis, Brisbois, Bisgaard & Smith LLP TENTATIVE RULING: The Motion of Defendant Santa Barbara Zoological Foundation is denied. Background: In his complaint filed on May 13, 2020, plaintiff Preston Breunig (Breunig) alleges that, while a business invitee at defendant Santa Barbara Zoological Foundation dba Santa Barbara Zoo (the Zoo), he was using the restroom on the Zoo's premises at 500 Ninos Drive in Santa Barbara,...

Excerpt: ...ount of $1,711.67 (Memorandum of Costs section (5)), will not be allowed; (3) Court Reporters Fees (Memorandum of Costs section (12)) will be allowed at the reduced amount of $1,795.50; (4) All other claimed expenses in the Memorandum of Costs will be allowed; (5) The court orders an award of costs in the amount of $40,852.69, pursuant to the Memorandum of costs, payable in favor of Eric Woosley and against Sheila Gianelli. Background: On May 5, ...

Excerpt: ...er against defendants Haley Christina and Alexandre Hort (defendants) alleged that on August 16, 2021, Kent, as owner, and defendants, as tenants, entered into a written residential rental agreement for premises located at 312 E. Sola Street, Unit 1, in Santa Barbara, California. (Compl., ¶¶ 3.a, 4, 6.a, 6.b, Exh. 1.) Defendants agreed to rent the premises as a one‐year tenancy and to pay monthly rent in the amount of $2,950. (Id. at ¶¶ 6.a...

Excerpt: ...ges that Havlik, as owner, and Dziedzic, as tenant, entered into a written residential rental agreement for premises located at 1007 Chino Street, Unit B, in Santa Barbara, California. (Compl., ¶¶ 3, 4, 6.a, 6.b, Exh. 1.) Dziedzic agreed to rent the premises as a month‐to‐month tenancy and to pay monthly rent in the amount of $1,950. (Id. at ¶ 6.a.(1) & (2).) On January 1, 2019, Dziedzic's rent increased to $1,975.00 per month. ( Id. at ¶...

Excerpt: ...ion. It does not appear that Continental Paragon Corporation was ever served. Occidental Petroleum Corporation, Anadarko Petroleum Corporation, Chevron Corporation, and Unocal Corporation have been dismissed, leaving Union Oil Company of California, ConocoPhillips, and Kerr McGee Corporation (Kerr McGee) as defendants. Plaintiff alleges in the operative pleading that he lived at 2833 Starfire Street, Santa Maria, which was atop and “in close pr...

Excerpt: ...y's fees of $112,000, and costs of $3,372.50. Notice of entry of judgment was filed on August 18, 2022. Pacifica has filed a motion for a charging order against Mr. Steven Zaritsky, pursuant to Code of Civil Procedure section 708.310 and Corporation Code sections 17705.03, 15907, and/or 16504. Pacifica asks for a lien on Mr. Zaritsky's transferable membership interest in Foothill Farms of Cuyama, LLC (hereafter, Foothill). Pacifica contends that ...

Excerpt: ...Cousineau, Richard Lloyd, Cappello & Noel LLP For Defendants and Cross‐Complainants Jeddediah Delmar Hazard and Mark Valdez Russell and Cross‐ Complainant Cal Green Medical, LLC: Joshua E. Lynn, Elizabeth A. O'Brien, Lynn & O'Brien, LLP TENTATIVE RULING: The court requests that the parties submit supplemental briefs as set forth herein. The parties shall concurrently file supplemental briefs on or before November 7, 2022. The parties may file...

Excerpt: ...ast Village Homeowners Association: Courtney D. Flannery, Mark R. Weiner & Associates For Defendant and Cross‐Defendant City Of Carpinteria: James N. Procter II, Kristine A. Tijam, Procter, Shyer & Winter, LLP TENTATIVE RULING: Defendant City of Carpinteria's motion is denied. Background: As alleged in plaintiff Kelly Perez's (Perez) complaint filed on November 23, 2020, Perez was walking on the sidewalk at Seacoast Way and Foothill Road on Feb...

Excerpt: ...s been renting the subject premises since May 25, 1985, on a month-to-month basis, and was served with a 60-day notice to quit on July 23, 2022. On September 2, 2022, defendant filed a general demurrer to the complaint on the grounds that the complaint does not state facts sufficient to constitute a cause of action under Code of Civil Procedure section 430.10 subd. (e). Defendant filed a supplement to the demurrer on September 6, 2022. The supple...

Excerpt: ...da Bridge in Santa Barbara County, California. Plaintiffs Ronald and Sandy Wilmot (Wilmots) filed their original complaint on February 3, 2022. Thereafter, on May 19, 2022, plaintiffs filed their first amended complaint (FAC) against State of California Department of Transportation (Caltrans), County of Santa Barbara, Susan Gain McCurnin, and Does 1 to 20. The FAC contains causes of action for (1) negligence, (2) negligent entrustment, (3) danger...

Excerpt: ...nt. (Note: Due to common surnames and to avoid confusion, the court refers to each judgment debtor by their first names. No disrespect is intended.) Steven L. Powell, who is the assignee of a judgment, filed a motion for an assignment order regarding David and Courtney's right to payment from a trustee of a bypass trust. As stated in the declaration of Steven Powell submitted in support of the motion, the court entered a judgment against David an...

Excerpt: ...aged to be married in 2020. (FAC, ¶ 6.) With the assistance of a wedding coordinator, plaintiffs chose the Four Seasons Biltmore resort (the resort), which is owned by defendant 1260 BB Property LLC dba Four Seasons Resort The Biltmore Santa Barbara, to host the wedding. (Id., ¶¶ 3, 6.) At the time, the resort was closed due to the Covid-19 pandemic. (Id., ¶ 7.) Plaintiffs were assured by employees of the resort that the closure would be temp...

Excerpt: ...complaint was served on August 12, 2022. On September 15, 2022, plaintiff filed the present motion for trial setting preference on the grounds that plaintiff is 91 years old and suffers from age related “brain atrophy, which impacts his cognitive function, including problems with focusing, memory, and performing everyday tasks.” (Motion, p. 3, lines 15-16.) The motion was originally scheduled to be heard on December 16, 2022, but on September...

Excerpt: ... by defendant James D. Langhorne. Alcaraz alleges that Langhorne was negligent and that he was driving under the influence at the time of the collision. On August 27, 2020, Alcaraz filed his complaint, alleging a single cause of action for motor vehicle liability. Alcaraz seeks general damages, special damages, and punitive damages. In support of his prayer for punitive damages, Alcaraz states that the acts of Langhorne “were malicious and oppr...

Excerpt: ...n, and unfair business practices in violation of Business and Profession Code section 17200, et seq. Defendants jointly answered on December 3, 2021. Trial is scheduled for December 5, 2022. Briefly, plaintiff hired defendants to “design, plan, prepare construction drawings, and do landscape improvements to his 360 residential ranch located in Buellton . . . .” According to the operative pleading, defendants misrepresented their skill, their ...

Excerpt: ...endant City lf Santa Barbara for summary judgment and judgment on the pleadings ATTORNEYS: George Semaan of The May Firm, Inc. for plaintiff Roberta Ahrens Tom R. Shapiro / Michelle Sosa‐Acosta of City Attorney's Office for defendant City of Santa Barbara TENTATIVE RULINGS: Because the motion filed by defendant FM Properties was directed to plaintiff's complaint, and because plaintiff dismissed her action as to FM Properties, the Court deems th...

Excerpt: ... Kathleen Odell is overruled. Defendants shall file an answer to the complaint by October 24, 2022. Background: This action was commenced on August 5, 2022, by the filing of the complaint for unlawful detainer by plaintiff Summerland by the Sea (“Summerland”) against defendants Sjoerd Koppert, Kathleen Odell, and Sam McPherson. The complaint alleges non‐payment of rent. Plaintiff caused a three‐day notice to pay rent or quit to be served ...

Excerpt: ...tion. The penalties are for violations as set forth in the California Labor Code for: (1) failure to provide compliant meal periods or pay meal premiums; (2) failure to provide compliant rest periods or pay rest premiums; (3) inaccurate wage statements; (4) untimely payment of wages; (5) failure to pay wages at termination. On August 24, 2022, Fresh Start filed a motion to compel arbitration, stay the action, and dismiss non‐individual claims. ...

Excerpt: ...VE RULING: The motion of plaintiffs Jason Rodriguez, Nirasha Rodriguez, and Kennedy Cruz Rodriguez to Enforce the Settlement Agreement is granted. Plaintiffs shall prepare and file a Proposed Judgment in conformity with the signed settlement agreement. Background: Jason Rodriguez, Nirasha Rodriguez, and Kennedy Cruz Rodriguez (“plaintiffs”) filed their original complaint on August 23, 2018, against defendants, including Martin Jarchow (“Jar...

Excerpt: ...ian ad litem, and Sierra Saragosa: Timothy C. Hale, Nye, Stirling, Hale & Miller, LLP For Defendant HMBL, LLC dba Holiday Inn Express: Susan L. Mason, Harry W. Harrison, Tyson & Mendes TENTATIVE RULING: The motion of defendant HMBL, LLC, for summary judgment or alternatively for summary adjudication is denied in its entirety. Background: In this action, plaintiffs Isabel C., a minor, and Sierra Saragosa assert claims against church defendants and...

Excerpt: ...ursery, Inc.: Matthew C. Sgnilek, Andrea Rosenkranz, O'Hagan Meyer TENTATIVE RULING: Plaintiff's motion for preliminary approval of class action settlement is granted. Counsel shall appear at the hearing on the motion and shall be prepared to discuss scheduling for the final settlement hearing and any other matters remaining for the court at this time. Background: On July 23, 2021, plaintiff Jose Aguilar, individually, on behalf of others similar...

Excerpt: ...complaint and alleges non‐payment of rent. According to the complaint, Schwan has been renting the subject premises from Jordan, on a month‐to‐month basis since October 5, 2017. On, or about, August 19, 2022, Jordan personally served Schwan a three‐day notice to pay rent or quit alleging owed rent for the period of August 5, 2022, to September 4, 2022. On September 6, 2022, Schwan filed a general demurrer to the complaint on the grounds t...

Excerpt: ...a, Inc. (HSG) and defendant City of Santa Barbara (City), and HSG's attempts to assign the lease to plaintiff Flightline Restaurant, LLC (FRL). Plaintiffs Flightline, HSG, and HSG's principals, Manuel Perales, Mario Medina, and Paul Ybarra allege: On March 26, 2015, HSG entered into a lease (Lease) with City for a restaurant location at 521 Firestone Road on the City's airport property. (First Amended Complaint [FAC], ¶¶ 20‐22 & exhibit A.) P...

Excerpt: ...her of their depositions. Background: This is a personal injury action brought by plaintiffs Michael Hines and Marlene Hines against defendant Nancy Hoolahan arising out of a pedestrian‐automobile accident. Aileen Paquillo (Paquillo) is a receptionist at ProMed Spine. She has no job responsibilities that relate to medical treatment of patients, billing coding or payments at ProMed Spine. (Paquillo Dec. ¶¶ 1‐2.) Juan Ceja (Ceja) is a deposit...

Excerpt: ...n is denied. Background: The complaint filed by plaintiff Armand Rios (Rios) on January 22, 2016, alleges that Rios was a tenant of real property owned by defendant Gloria Gonzalez, individually and as Trustee of Trust A of the Ramundo and Gloria Gonzalez Family 2002 Revocable Trust dated June 14, 2002 (Gloria) and located at 6598 Stagecoach Road in Santa Barbara, California. Defendant Tony Gonzalez (Tony) is Gloria's son. (Note: Due to common su...

Excerpt: ... be permitted by the Court at the hearing. TENTATIVE RULING: For the reasons more fully articulated below, the Court will deny the petition for writ of mandate in its entirety. Background: The California Medicinal and Adult‐Use of Cannabis Regulation and Safety Act (Bus. & Prof. Code § 26000 et seq.) establishes comprehensive licensing and regulatory requirements for both medical and adult use of cannabis in the state. The Act allows local gov...

Excerpt: ...tion. The penalties are for violations as set forth in the California Labor Code for: (1) failure to provide compliant meal periods or pay meal premiums; (2) failure to provide compliant rest periods or pay rest premiums; (3) inaccurate wage statements; (4) untimely payment of wages; (5) failure to pay wages at termination. On August 24, 2022, Fresh Start filed a motion to compel arbitration, stay the action, and dismiss non‐individual claims. ...

Excerpt: ...oximately fifteen (15) thousand square feet of the Hauenstein's property for a monthly rental of $10,000.00. During 2015‐2017, David and Mike Agazaryan operated a commercial cannabis operation on the property. They fell behind in rents due in an amount of approximately $110,000.00. In early 2017, plaintiffs declared the lease breached and terminated it based on rent default. David, Mike and Arman subsequently introduced Ara Baljian to Karin as ...

Excerpt: ...man For Respondent Heather Gray: No appearance TENTATIVE RULING: For the reasons set forth herein, the petition of Herring Law Group, Inc. (Herring) to compel binding arbitration is granted. The appointment of a specific arbitrator will be discussed at the time of hearing Background: Herring and Heather Gray (Gray) entered into a family law legal services agreement (contract) on, or about June 13, 2018, which contained a provision for binding arb...

Excerpt: ...lliam Clinkenbeard; Clinkenbeard, Ramsey, Spackman & Clark, LLP TENTATIVE RULING: For the reasons set forth herein, the motion of defendant Cottage Health Inc. (Cottage) for an order to declare plaintiff a vexatious litigant and for a pre‐filing order to require plaintiff to post security in the amount of $25,000, and to refrain from communicating directly with represented defendants in this matter is granted as follows: (1) The court declares ...

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: ...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: ..., 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: ...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: ...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...

Excerpt: ...s, Wheeler Trigg O'Donnell LLP (For other appearances see list) HEARING Motion of Defendant ITW Food Equipment Group LLC for Summary Adjudication RULING For the reasons set forth herein, the motion of defendant ITW Food Equipment Group LLC for summary adjudication is denied. Background The initial complaint in this action was filed on October 24, 2011, on behalf of plaintiffs Julie Lee, Julie Lacey, Lourdes Munoz, Martha Silva, Brandon Adams, Laf...

Excerpt: ...ity of the CoastHills Alternate Dispute Resolution Agreement (titled “Resolving Disputes”) (the “Arbitration Agreement”) and any subsequent determination on the merits. [P] Plaintiffs PAGA claim is not subject to the Arbitration Agreement and all further judicial proceedings are stayed pending the earlier of (1) the resolution of the arbitration, or (2) the arbitrator's determination that Plaintiffs claims are not subject to arbitration.�...

Excerpt: ...e Santa Barbara County Flood Control & Water District (Water District). On April 1, 2022, Cassady answered and filed a verified cross‐complaint against RL Enterprises, Lompoc, and Water District for quiet title, judicial foreclosure, and declaratory relief, superseded by a first amended cross‐complaint filed on July 6, 2022. In dispute in both pleadings is the ownership of property located at 205 Princeton Place, Lompoc (hereafter, real prope...

Excerpt: ...��Aguilar: Self represented For Defendants Saint Barbara Parish (erroneously sued as Roman Catholic Archbishop of Los Angeles, a California corporation sole, for and on behalf of Saint Barbara Parish, also known as Old Mission Santa Barbara, without prejudice to Canon Law), Father Dan Lackie, and Roy Spicer: Daniel W. Bir, Matthew R. Groseclose, Joel C. Gerson, Polsinelli LLP TENTATIVE RULING: Defendants' motion is denied. Background: Plaintiff H...

Excerpt: ...zandeh, Cory T. Baker, Reicker, Pfau, Pyle & McRoy LLP For Defendants Adam Pirozzi and 4602 Via Carretas, LLC: Jasper L. Ozbirn, Ozbirn Law TENTATIVE RULING: Defendants' demurrer is overruled. Defendants shall file and serve their answer to plaintiffs' First Amended Complaint on or before September 9, 2022. Background: Plaintiff Edward St. George, Trustee of the Edward St. George Revocable Trust Dated May 16, 2002 (St. George) filed a verified co...

Excerpt: ...roy, seeking to recover the amount of $1,454.51 as a balance due from defendant in connection with a charged‐off credit account issued to Monroy. On December 8, 2020, plaintiff filed a settlement agreement pursuant to which defendant agreed to settle this matter for $1,454.51, plus costs set forth in the agreement, to be paid to plaintiff pursuant to a payment schedule set forth in the settlement agreement. Pursuant to the agreement, the partie...

Excerpt: ... shall file and serve a supplemental response to the supplemental separate statement, in accordance with this ruling, on or before September 23, 2022. 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 CSE on condition that these...

Excerpt: ...aintiffs of committing certain criminal acts, and intruding on plaintiffs' private affairs by, among other things, unlawfully accessing plaintiffs' cell phones and social media accounts. (Note: Because multiple parties share common surnames, the court follows the practice of the parties and refers to the parties by their first names. No disrespect is intended.) Plaintiffs' complaint, filed on September 11, 2020, asserts 16 causes of action for (1...

Excerpt: ...s engaged in the business of cultivation and sale of cannabis products on a wholesale basis to various consumer cannabis companies. Defendant is also a purveyor of cannabis products and is located within Santa Barbara County. In October 2020, Plaintiff entered into a verbal agreement with Defendant regarding a mutual business relationship they intended to pursue together. Pursuant to that agreement, Defendant agreed to cure and process Plaintiff'...

Excerpt: ...filed in 12/2021. The action stems from the alleged breach of a settlement agreement. Alsana is a behavioral health company that provides residential and outpatient treatment services for persons suffering from eating disorders, chemical dependency, and other mental health issues. Steiner is the former Chief Executive Officer of Alsana's facility in Santa Barbara, California. Steiner worked for Alsana from October 2, 2017, until her separation on...

Excerpt: ...e, M.D.'s Motion For Relief From Dismissal Of Cross Complaint (Case No. 21CV04130) (2) Defendant Financial Credit Network, Inc.'s Demurrer to First Amended Complaint (Case No. 21CV04616) ATTORNEYS: For Defendant, Cross Complainant and Plaintiff Anne Fristoe, M.D.: Kevin Gerry, The Law Offices of Kevin Gerry For Cross Defendants and Defendants Mikki Reilly and Fitness Transform: Matthew Olufs, Law Offfice of Matthew Olufs For Plaintiff, Cross Defe...

Excerpt: ...al Of Cross Complaint (Case No. 21CV04130) (2) Defendant Financial Credit Network, Inc.'s Demurrer to First Amended Complaint (Case No. 21CV04616) ATTORNEYS: For Defendant, Cross Complainant and Plaintiff Anne Fristoe, M.D.: Kevin Gerry, The Law Offices of Kevin Gerry For Cross Defendants and Defendants Mikki Reilly and Fitness Transform: Matthew Olufs, Law Offfice of Matthew Olufs For Plaintiff, Cross Defendant and Defendant Financial Credit Net...

Excerpt: ...ition, the court awards sanctions in favor of plaintiff against Ruth Bodine in the amount of $1,250.00, payable to plaintiff's counsel. Payment of sanctions is due by September 19, 2022. (2) Plaintiff and defendant are ordered to complete a further meet and confer in person, by phone or by video conference regarding plaintiff's form interrogatory no. 17.1 and defendant's responses thereto, in accordance with this ruling. The meet and confer order...

Excerpt: ...25 of the first and third causes of action alleged in the complaint is denied. Defendants' motion to strike allegations contained in paragraphs 33 and 38 of the fifth and sixth causes of action alleged in the complaint is moot. Background: As alleged in the complaint filed on February 28, 2022, plaintiff Paree Sobhani Moradpour, Trustee under the Declaration of Trust of Paree Sobhani Moradpour is the owner of commercial property located at 401 We...

Excerpt: ...ns, is denied without prejudice. Background Plaintiffs Tonya R. Teaney and Brandon T. Mix's First Amended Complaint (FAC), filed on October 28, 2021, alleges two causes of action for breach of contract and fraudulent concealment against defendants Hidden Oaks Ranch, LLC (Hidden Oaks), The Palm Grove, LLC (Palm Grove), and Dennis Hoey (Hoey). As alleged in the FAC, on February 25, 2020, June 29, 2020, and again on March 17, 2021, plaintiffs entere...

Excerpt: ...nta Barbara and Board of Supervisors of Santa Barbara County: Rachel Van Mullem, Lina Somait, Office of the County Counsel Emails: [email protected]; [email protected]‐barbara.ca.us HEARING (1) Demurrer of Respondents to Petition (2) Motion of Respondents to Strike Portions of Petition (3) Contempt RULINGS (1) The demurrer of respondents County of Santa Barbara and Board of Supervisors of Santa Barbara County to the petition is overrul...

Excerpt: ...Ankle Concepts, Inc. committed professional negligence in their pre‐surgical and post‐surgical care of his condition, leading to the partial amputation of his right foot. Special Damages: $300,000.00; General Damages: $250,000.00; estimates 5‐ day jury trial; expects discovery to be done [except experts] by August 1, 2022. The defense reported via Bradley J. McGirr that it expects discovery to be done [except experts] by September 2022. On ...

Excerpt: ...ash is denied. Plaintiff's motion for a protective order is granted in part. The Court limits the production of documents sought in the deposition subpoena for production of business records in accordance with this ruling. Background This is an appeal of an Order, Decision, or Award (ODA) issued by the Labor Commissioner on February 4, 2022. As stated in the ODA, a copy of which is attached to the Amended Notice of Appeal filed on March 3, 2022 (...

Excerpt: ... all reasons noted in this ruling. This ruling is without prejudice to a future noticed motion for appropriate discovery sanctions, if warranted. Background Plaintiff Ronald Heller (Heller) filed this action against defendant Andrew B. Mitchell (Mitchell) on May 25, 2021, alleging a cause of action for legal malpractice related to Mitchell's representation of Heller in his divorce proceedings. Mitchell answered the complaint, in pro per, on Augus...

Excerpt: ...nts Evgenia Quaid and Randall Quaid are self‐represented TENTATIVE RULINGS: The motion to dismiss the FAC is denied. The motions to compel escrow documents have been withdrawn by the moving defendants; both requests for sanctions are denied. Background: This action was commenced on November 25, 2019, by the filing of the original complaint by plaintiffs R. Scott Turicchi and Lannette C. Turicchi. At that time, the complaint alleged a cause of a...

Excerpt: ...For Defendant and Cross‐Complainant Brighton Collectibles, LLC: Peter W. Ross, Charles Avrith, Ross LLP For Cross‐Defendant L.A. Models, Inc.: Gene H. Shioda, Steven P. Chang, Heidi M. Cheng, Shioda Langley & Chang, LLP TENTATIVE RULING: The demurrer of cross‐defendant L.A. Models, Inc., to the first amended cross‐complaint of Brighton Collectibles, LLC, is overruled in its entirety. L.A. Models, Inc., shall file and serve its answer to t...

Excerpt: ...issions, without objection except as to privilege, on or before August 29, 2022. As to any information or document withheld on the grounds of privilege, FCP Private, LLC, and Wiles shall each concurrently serve a privilege log identifying the information or document withheld and providing sufficient additional information for the court to rule on the claim of privilege. The court awards monetary sanctions in the total amount of $2,500in favor of ...

Excerpt: ...s east of the intersection with Painted Cave Road. (FAC, ¶¶ 5, 8.) Mary Sheryl Treventhan Scott (Mary Scott) was in the front passenger seat. (Ibid.) A vehicle travelling in the opposite direction crossed over the center line. (Id., ¶ 8.) Chris Scott took evasive maneuvers to avoid a pending head‐on collision, and in doing so, lost control over his vehicle, which travelled south off the roadway, traversing the solid white line and asphalt sh...

Excerpt: ...stress). Defendant Jacqueline Lucas was the only named defendant to that cause of action. No challenge was made to any other cause of action at that time. The court expressly indicated in the March 8, 2022, order that plaintiffs had 30 days to file an amended pleading. On April 18, 2022, Ms. Lucas and the remaining defendants filed a demurrer to all remaining causes of action. The court continued the hearing date and requested supplemental briefi...

Excerpt: ...efendant) under the FEHA; (6) quid pro quo sexual harassment; (7) failure to prevent discrimination and harassment; (8) intentional infliction of emotional distress; (9) negligence. Defendants Good Samaritan Shelter and Frank Souza filed an answer on April 20, 2022 and an amended answer on April 29, 2022, in which they assert seventy (70) affirmative defenses. The court sustained a demurrer to this answer on June 7, 2022, allowing leave to amend....

Excerpt: ...ic Fisher, Kathryn Fisher, Mona McMillan, and Ross McMillan John C. Eck of Griffith & Thornburgh, LLP for defendants William Braconi & Sabrina Braconi TENTATIVE RULING: The petition is granted; the action is ordered to arbitration, and will be stayed pending the conclusion of arbitration proceedings. Background: The MDLV Condominium Conversion Project consists of three units, located at 603 De La Vista Avenue, 607 De La Vista Avenue, and 608 East...

Excerpt: ...d the default and default judgment are ordered set aside and vacated. Background: Plaintiff Progressive Select Insurance Company (Progressive) filed a limited civil action against defendant Joseph D. Hernandez on December 14, 2021, alleging a form “Motor Vehicle” cause of action. The Motor Vehicle attachment alleged that on February 24, 2019, at 1125 Bregante Lane in Santa Barbara, defendant's negligence in operating a vehicle was the legal c...

Excerpt: ...tective 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: The Court continues the hearing on plaintiff's motion to September 12, 2022. Plaintiff shall file and serve a supplemental brief in support of the motion on or before August 26, 2022, in ...

Excerpt: ...TIVE RULING: The motion for summary judgment is denied. Background: This is a personal injury action, filed by plaintiff on April 23, 2021, and naming the City of Santa Barbara and County of Santa Barbara as defendants. (The County of Santa Barbara has never appeared in the action.) The complaint alleges a cause of action for premises liability based on the dangerous condition of public property. It alleges that on May 13, 2020, plaintiff was inj...

Excerpt: ...rt W. Selna of Selna Partners and Naomi R. Dewey/ Nicole Hornick of Trusted Legal, PLC for respondents TENTATIVE RULING: The motion is granted, in the amount of $49,722.00. Background: Petitioner Jonas Svensson (“Svensson”) is a current shareholder and director of respondent i073 Investments, Inc. (“i073”), an investment management company that buys, manages, and sells stocks, bonds, and other securities for investors. Svensson is the for...