Excerpt: ...endant answered the complaint, contending that the action had been filed in the wrong venue, since she did not live in Santa Barbara County. Plaintiff filed a motion for summary judgment, which established that defendant still owed plaintiff the amount of $6,170.67 for charges she had incurred through use of the credit card, but had not paid to plaintiff. Plaintiff did not file opposition to the motion, but sought permission to appear at the hear...

Excerpt: ...plaintiff. (Complaint, ¶¶ 7, 8, 10, 12, 16, 18, 19 & Exh. A.) Defendant, a direct competitor of plaintiff, caused the December 4, 2020 letter to be written and published directly to plaintiff's clients and business partners. (Id., ¶¶ 5, 7, 22.) Plaintiff's business reputation has been significantly damaged as a result of the publication of the letter, and its profits have been reduced as a result of the publication of the letter. (Id., ¶¶ 1...

Excerpt: ...rsons acting with or on behalf of it, are enjoined and restrained from granting any final approval as to construction of a residence exceeding one story in height at the real property located at 4121 Creciente Drive, Santa Barbara, California, or taking any other action with respect to such construction where the effectiveness of such other action is not qualified by and subject to the final disposition of this matter. (2) The court orders that p...

Excerpt: ...ence (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. Causes of action for breach of fiduciary duty, negligence, common counts, and indemnification were alleged against defendant Peter Kozak III, and causes of action for respondeat superior liability, negligence, common counts, and indemnification were alleged a...

Excerpt: ...Management, Inc. (Sandpiper) is the property manager for real property located at 220 E. Valerio Street, #4, Santa Barbara (the Premises). (Complaint, ¶¶ 1, 3, 4.) Defendant Sean Wilczak agreed to rent the Premises pursuant to a written agreement (Agreement). (Complaint, ¶¶ 6a, 6b, 6e & exhibit 1.) The Agreement lists two people as tenants, including Wilczak among those two. (Complaint, exhibit 1.) The Agreement originally provided for monthl...

Excerpt: ...e Santa Barbara area. (Complaint, ¶¶ 14, 18.) Cottage Health provides health care services from Santa Barbara Cottage Hospital, Goleta Valley Cottage Hospital, and Santa Ynez Valley Cottage Hospital, and from smaller urgent care and other facilities. (Complaint, ¶¶ 2, 19.) “Kaiser Foundation Health Plan, and their related entities” is made up of three distinct but interdependent groups of entities, the Kaiser Foundation Health Plan, Inc. ...

Excerpt: ...Hicks and Georgette Topakas,Co‐Trustees of the Topakas & Hicks Family Living Trust, dated May 7, 2003: David J. Tappeiner, DT Law Partners, LLP Emails: [email protected]; [email protected]; [email protected] RULING Plaintiff's motion is granted, in accordance with this ruling. Plaintiffs shall submit the judgment. NOTE: This case is also on the 8:30 am Case Management Calendar; the Court will call both matters at 8:30am; you are firs...

Excerpt: ...ells Fargo Bank, NA: Max Fischer, Morgan, Lewis & Bockius LLP (pro hac vice application pending) Emails: [email protected]; [email protected]; [email protected] ; MATTER Defendants Michael Corrigan and Corrigan & Company's Motion To Compel Compliance With Business Records Subpoena By Non‐Party RULING Defendants' motion is denied. Background As alleged in the third amended complaint (TAC), the operative pleading in this matter, ...

Excerpt: ...aylorring.com; [email protected]; [email protected]; NBerkel [email protected] HEARING (1) Demurrer of District to Complaint (2) Motion of District to Strike Portions of Complaint RULINGS 1. The demurrer of defendant Santa Barbara Unified School District is sustained, with leave to amend, as to the fifth cause of action of plaintiff John Doe #2's complaint (for breach of mandatory duty: failure to report suspected child abuse), and is sust...

Excerpt: ...Inc.'s demurrer is sustained without leave to amend. Background Plaintiff Rusty Rendon's original complaint, filed on February 16, 2022, alleged one cause of action for violation of the Unruh Civil Rights Act, Civil Code section 51 et seq. (Unruh Act), against defendant Procore Technologies, Inc. (Procore). Pursuant to the Court's Minute Order dated April 27, 2022 (Minute Order), the Court sustained Procore's demurrer to the complaint, with leave...

Excerpt: ...023, plus post‐judgment interest at 10 percent from March 10, 2022. Notice of entry of judgment was filed July 20, 2022. The court signed the Amended Statement of Decision on July 21, 2022.[1] Pacifica asks for attorney's fees of $155,238.03, as the prevailing party to both its operative pleading (involving a breach of the commission agreement) and the defense of 1599 West's cross‐complaint, alleging professional negligence. Pacifica acknowle...

Excerpt: ...Defendant Steven Libowitz: Alexander Entrekin, Legal Aid Foundation of Santa Barbara County TENTATIVE RULING: For the reasons set forth herein, the general demurrer of defendant Steven Libowitz to the complaint of plaintiffs Nick Taylor and Violeta Taylor, co‐trustees of The Taylor Family Trust, is sustained without leave to amend. Background: As alleged in plaintiffs' complaint: Plaintiffs Nick Taylor and Violeta Taylor are co‐trustees of Th...

Excerpt: ...s Caroline Diani and Jeffrey Doornbos: Richard R. Clouse, Benjamin A. Colsten, Clousespaniac Attorneys TENTATIVE RULING: Defendants' motion is denied. Background: This case arises out of a dog bite that occurred when plaintiff Jillian Rogers was dog sitting for defendants Caroline Diani and Jeffrey Doornbos at their residence located in Santa Barbara, California. Plaintiff alleges that as she tried picking up the dog, it lunged and viciously atta...

Excerpt: ...f Plaintiff for Declaration of and Disqualification of Mary Long Berry Testimony Due to Incompetency (3) Motion of Plaintiff to Appoint Trustee ad Litem (4) Motion of Plaintiff to Set Mandatory Settlement Conference ATTORNEYS: For Plaintiff Sharon E. Green: John K. Dorwin For Plaintiff Franciscan Oaks Homeowners Association: Norman S. Wisnicki For Defendant Mary Long Berry: Robert A. Morgenstern, Paul A. Elkort, Ajay Sood, Morgenstern Law Group; ...

Excerpt: ...rust, Carolyn Pappas, Patrick L. Connelly, individually and on behalf of the Plaintiff Classes: A. Barry Cappello, Richard Lloyd, Cappello & Noel, LLP For Plaintiffs Hollister Ranch Owners' Association and The Hollister Ranch Cooperative: Beth A. Collins, Brownstein Hyatt Farber Schreck, LLP For Defendants California Coastal Commission and State Coastal Conservancy: Rob Bonta, Jamee Jordan Patterson, Mitchell Rishe, Leena Sheet, Office of the Att...

Excerpt: ... Plaintiff shall file and serve his amended pleading on or before August 9, 2022. Background: In the complaint filed on March 15, 2022, plaintiff Peter Kurrels alleges four causes of action against defendant Rodney E. Lund for breach of warranty of habitability, breach of warranty of quiet enjoyment, negligence, and breach of contract/recission. Kurrels seeks general damages, punitive damages, a return of rent money paid, and attorney's fees. As ...

Excerpt: ...le, Nye, Peabody, Stirling, Hale & Miller, LLP For Defendant Carpinteria Community Church: Thomas E. Beach, Sueanne D. Chadbourne, Darryl C. Hottinger, Beach Law Group, LLP TENTATIVE RULING: The motion of defendant Carpinteria Community Church for summary judgment or alternatively for summary adjudication is denied in its entirety. Background: Plaintiff Katelyn Geary filed this action on February 19, 2015. The operative pleading is the third amen...

Excerpt: ...y 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: The Court continues the hearing on both demurrers to August 22, 2022. Background: Plaintiff Anne Fristoe, M.D., filed her original complaint in this matter on November 22, 2021, alleging three causes of action against defendants Mik...

Excerpt: ...y north of the City of Goleta. As alleged in the Second Amended Complaint (“SAC”), which is the operative pleading, on September 10, 2019, plaintiffs Austin Buist, Maverick Buist, a minor, and Allyson Jean Buist, decedent, were travelling southbound on US‐101 approaching the intersection of Las Varas Ranch Road. (SAC, ¶¶ 10, 14.) Defendant Garrett Anthony Staab (“Staab”) was travelling northbound on US‐101. (SAC, ¶ 15.) At that loc...

Excerpt: ... conduct its investigation regarding the claims of Watkins; despite diligent efforts to do so; continues to conduct written discovery; despite requesting dates for Plaintiff's deposition in mid to late May of 2022, Plaintiff's counsel indicated their unavailability and the parties began looking at deposition dates in June of 2022; Counsel for Litchhfield offered three dates in early June, but having received no response whatsoever from Plaintiff'...

Excerpt: ...375.00, payable to Mr. Vargas' counsel. Payment of sanctions is due by August 15, 2022. On the CMCO: This case was filed in 8/2019 and needs to be set for trial and either tried or settled. The Trial date is April 24, 2023, at 11:30am The Mandatory Settlement Conference is April 7, 2023, at 8:30am Do not stipulate to a continuance; do not seek a continuance except for very good cause shown. Background This action arises from an automobile acciden...

Excerpt: ...ckground: This dispute arises out of the demolition, remediation, and restoration of the Gaviota Marine Terminal (the “Project”) located in Goleta, California. On October 23, 2019, plaintiff Remedial Construction Services, L.P. (“RECON”) filed a first amended complaint (“FAC”) alleging causes of action for negligent misrepresentation, negligence, breach of contract, services rendered, breach of the implied covenant of good faith and f...

Excerpt: ...t entered against them is denied. On the CMC. No further CMC is required, and none will be set. Background On April 29, 2021, plaintiff Kea Plumbing (Kea) filed its complaint in this action asserting five causes of action: (1) foreclosure of mechanic's liens; (2) breach of contract; (3) unjust enrichment; (4) defamation; and (5) interference with contractual relations. The claims of the complaint generally arise out of allegations that Kea, a plu...

Excerpt: ...th a switchblade knife. [Plaintiff] suffered severe, gruesome and permanent physical, mental, and emotional injuries.” (Compl., ¶ 5.) Plaintiff alleges that Joshua Vides and Patti Jean Vides gave defendant Cora Vides, who is their daughter, a switchblade knife on February 8, 2021, the date of Cora Vides' sixteenth birthday. (Compl., ¶ 10.) The complaint alleges one cause of action for negligence against defendants Cora Vides, Joshua Vides and...

Excerpt: ... with the same seven causes of action advanced in the second amended pleading. Plaintiff has attempted to overcome the deficiencies identified by the court. Defendants again demur to all seven causes of action, and have additionally filed a motion to strike all requests for punitive damages. Plaintiff has filed opposition. Meanwhile, plaintiff, on June 14, 2022, for hearing today, submitted a motion for leave to file a fourth amended complaint, a...

Excerpt: ... Firm For Defendant Elizabeth Neuman: Self‐Represented TENTATIVE RULING: Plaintiff is ordered to appear at the hearing on defendant's motion to quash, in accordance with this ruling. Should plaintiff fail to appear at the hearing and provide information in accordance with the Court's ruling herein, defendant's motion will be granted. Background: On May 24, 2022, plaintiff Sandpiper Property Management Inc. (“Sandpiper”) filed a complaint fo...

Excerpt: ...Phair, Daniel R. Stefany, Hunton Andrews Kurth LLP TENTATIVE RULING: The Demurrer of Defendant Bath & Body Works, LLC to plaintiff's complaint is overruled. Defendant shall file and serve its answer to the complaint on or before July 21, 2022. Background: Plaintiff Matilda Dahlin's putative class action complaint for violations of Title 15 United States Code section 1681(c)(g) (the “Fair and Accurate Credit Transactions Act of 2003 or “FACTA�...

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: ... 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: ... 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: ...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...

Excerpt: ...h a first amended complaint filed on November 19, 2019, leading to (following a stipulation); a second amended complaint was filed on December 22, 2021. The second amended complaint (the operative pleading) advances three survivor causes of action, with battery as the first, negligence as the second, and dependent care abuse as the third. Plaintiff is the decedent Charles Primbs' brother, who filed an affidavit/declaration showing he is the deced...

Excerpt: ...9 (“$170,000”), 22 through 25 (“Moreover … Defendants.”), and 28 (“$2,000,000,000”), at page 10, lines 2 (“$13,500”), 17 (“$13,500”), and 20 (“$100,000”), at page 13, lines 9 to 24 (“since Plaintiff also … by the Defendants.”), at page 14, line 27 (“The failure to act …”) to page 15, line 9 (“… of the Defendants).”), at page 15, line 11 (“Federal law gives …”) to page 17, line 12 (“… on July 9...

Excerpt: ...d 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 April 8, 2022, the court granted Dr. Conway's motion to compel production of documents in connection with the deposition of plaintiff Wideman's expert, Farzad Alemi, M.D. In its ruling, the Court ordered plaintiffs to provide...

Excerpt: ...omplaint seeks, among other things, late fees pursuant to the Rental Agreement. [Complaint at ¶ 19.i.(2).] There are no further allegations related to the request for late fees against defendant. The Rental Agreement, attached as Exhibit 1 to the Complaint, provides for a Late Rent Charge of “$35.00 after 3 days”, at Section G. It provides further, at ¶ 3: Late Payment Charge/Insufficient Funds: If rent is paid after 3 days after the rent d...

Excerpt: ...dant Raytheon Company (Raytheon) for violation of the California Fair Housing and Employment Act (FEHA) (Gov. Code, § 12900 et seq.) and other statutes, alleging, among other things, that she was not paid as much as other comparable employees on account of her age and gender. On July 29, 2021, plaintiff served on Raytheon plaintiff's requests for production of documents, set two (RFP). Those requests sought, among other things, production of ele...

Excerpt: ...ent shall be filed only in the lead case. All subsequently filed documents in the consolidated case must include the caption and case number of the lead case, followed by the case numbers of the other consolidated case. Background: On September 28, 2021, plaintiff Diego Urbina-Javier filed his original complaint in Urbina-Javier v. Smith, case number 21CV03850, against defendants Batte Thomas Lowe Smith and Nebhut Smith (collectively, defendants)...

Excerpt: ...s and Kathleen M. Copus, individually and as Trustees of the Copus Family Trust (“Copus Defendants”), on February 4, 2022. The FAC alleges fourteen causes of action against the Copus Defendants for (1) failure to pay wages; (2) rest period violations, (3) failure to reimburse work-related expenses, (4) violations of California Labor Code section 226, (5) unfair competition/violation of Business and Professions Code section 17200, (6) willful ...

Excerpt: ...hen plaintiff was injured when loosely-stacked railroad ties tumbled down, knocking plaintiff to the ground and causing her injuries. The property on which the incident occurred was located at 285 Sherwood Drive, Santa Barbara, CA, which consists of three separate residential units, a 4-bedroom unit, a 2-bedroom unit, and a studio unit over a 2-car garage. The studio unit is legally a part of this property, but has a separate postal address of 29...

Excerpt: [email protected]; johnn yru n @victims.ca.gov HEARING Motion of Defendant Justin Sell to Quash Deposition Subpoena. RULING As set forth herein, the motion of defendant Justin Sell to limit the business records depos i business records of the California Victim Compensation Board for which the custodian of records relatin g to criminal conduct (alle ged or otherwise) between Justin Sell and an y un d disclosed except as required in connection with t...

Excerpt: ...any, LLC, Mediscore, LLC, Todd Kaplan, Jeff Silver, Bill Sutman, and Smoke Wallin: Elyse S. Kaplan Emails: [email protected];[email protected];[email protected] MATTERS Plaintiffs' Motion For Leave To File First Amended Complaint; and Plaintiffs' Motion To Compel Further Responses To Request For Production, Set Two, and for Monetary Sanctions. RULING (1) Plaintiffs' motion for leave to file a first amended complaint is granted. Plaintiffs ...

Excerpt: ...esentative class. Plaintiff's counsel, Mr. Escobedo, describes the overall value of the lawsuit as one involving “seven figure[s] [in] civil penalties”; he also describes the value as one involving “approximately 60,000 pay period/work weeks during the relevant statutory period, with the maximum PAGA penalties in the tens of millions of dollars.” Which is it? No other figures are provided. This is contradictory and therefore inadequate. A...

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. On May 11, 2022, plaintiff filed a demurrer to the first amended answer, asserting that...

Excerpt: ...essive Casualty Insurance Company) for defendant Madison Nicholas TENTATIVE RULING: The motion is granted; the action is ordered dismissed. Background: This action arises from an automobile accident which occurred on March 27, 2017. Plaintiff filed her complaint on March 26, 2019. When there were no appearances for multiple Case Management Conferences, the Court dismissed the case without prejudice on December 23, 2019. One day short of 6 months ...

Excerpt: ...IVE RULING: The motion is granted. Background: This is a collections action, which arose from credit extended by plaintiff to defendant on a credit account. The complaint was filed on December 2, 2021, and alleges causes of action for common counts (open book account, account stated, goods sold, and credit extended), and seeks damages of $10,432.09, as the amount due and unpaid. Defendant Francisco de Las Heras answered the complaint on December ...

Excerpt: ...Wright LLP For Defendants Dario L. Pini, D.L.P. Properties, Dario L. Pini, trustee of the Dario L. Pini Trust dated March 2, 2015, Nonnie Investments, LLC, 104 Las Aguajes, LLC, Alamar II, LLC, and Alamar III, LLC: Paul R. Burns, Solange D. Sanhueza, Law Offices of Paul R. Burns, P.C. For Defendant JPMorgan Chase Bank, N.A.: John M. Sorich, Matthew S. Henderson, Parker Ibrahim & Berg LLP For Defendant Colony American Finance 2015-1 LTD: David M. ...

Excerpt: ...this action. As alleged in the complaint, on March 31, 2017, plaintiff Stephen Duneier was a patient under the care of William C. Koonce, M.D. (as well as other named but now dismissed defendants) when he suffered injury and damages due to the negligence of defendants through their diagnosis, treatment and care. (For purposes of this ruling, and for ease of reference, and not out of disrespect to plaintiffs, plaintiff Stephen Duneier will be refe...

Excerpt: .... Hilf Company LLC (“Hilf LLC”) and Peter F. Hilf (“Hilf”) filed a complaint for money damages and injunctive relief, alleging eight causes of action for (1) intentional trespass to timber, (2) negligent trespass to timber, (3) intentional trespass, (4) negligent trespass, (5) negligence, (6) conversion, (7) trespass to chattels, and (8) elder financial abuse. As alleged in the complaint, on March 14, 1989, Hilf acquired a fee simple inte...

Excerpt: ...n and proposed order to approve a settlement agreement. A copy of the settlement agreement was attached to the stipulation as Exhibit A. On the same date, the Court entered its order approving the settlement agreement and retaining jurisdiction to enforce its terms pursuant to Code of Civil Procedure section 664.6. Under the terms of the settlement agreement, defendant Mark Romasanta agreed to continue to administer decedent's estate. Robert Tray...

Excerpt: ...t on or about October 30, 2016, and which defendant used. Plaintiff's complaint, filed October 31, 2019, alleges that defendant breached the agreement on or about April 4, 2019, by failing to remit any further payments on the credit card account. The complaint alleges causes of action for breach of contract and common counts (money lent, money paid, open book account, and account stated), and seeks damages of $6,160.67, and attorneys' fees. The c...

Excerpt: ...Wright LLP For Defendants Dario L. Pini, D.L.P. Properties, Dario L. Pini, trustee of the Dario L. Pini Trust dated March 2, 2015, Nonnie Investments, LLC, 104 Las Aguajes, LLC, Alamar II, LLC, and Alamar III, LLC: Paul R. Burns, Solange D. Sanhueza, Law Offices of Paul R. Burns, P.C. For Defendant JPMorgan Chase Bank, N.A.: John M. Sorich, Matthew S. Henderson, Parker Ibrahim & Berg LLP For Defendant Colony American Finance 2015-1 LTD: David M. ...

Excerpt: ... theories), and one count of negligent hiring. On March 8, 2022, in a detailed order, the court sustained Jacquelin Lucas's demurrer to the first cause of action for intentional infliction of emotional distress, without leave to amend. Ms. Lucas in her demurrer challenged only the first cause of action only; no other defendant filed a demurrer. The court additionally granted Ms. Lucas's request to strike all references to punitive damages and att...

Excerpt: ... property located at 3630 San Jose Lane, Santa Barbara (the Premises). (Complaint, ¶¶ 1, 3, 4.) The Premises consist of both a main house and detached guest unit. (Complaint, attachment 17.) Defendants Marshall Pagaling and Libby Holland entered into a written lease agreement to rent the Premises. (Complaint, ¶ 6 & exhibit 1.) The lease identifies Andrea Hamlett and Brian Turbey both as “Landlord.” (Complaint, exhibit 1, p. 1.) When the de...

Excerpt: ...rivilege, on or before June 13, 2022. As to any information or document withheld on the grounds of privilege, FCP Corporate Ltd. shall 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 amount of $6,500.00 in favor of plaintiff Mark Schaub and against defendant FCP Corporate L...

Excerpt: ...two, request Nos. 11 and 16, on or before June 13, 2022. Background: In its operative pleading, the first amended complaint (FAC), plaintiff DAIVID Pty Ltd. (DAIVID) asserts six causes of action against defendant Deep AI, Inc. (Deep AI): (1) breach of contract; (2) breach of the covenant of good faith and fair dealing; (3) promissory estoppel; (4) misrepresentation; (5) conversion; and (6) trespass to chattels. The complaint arises from allegatio...

Excerpt: ...mmon Counts: Book Account, Account Stated and (2) Quantum Meruit – Reasonable Value, against defendants Derek P Sieber, aka Derek Paul Sieber, aka Derek Sieber, an individual (“Sieber”) and California Trike Company, LLC (“Trike”) seeking to recover the amount of $8,742.48 as a balance due from Sieber and Trike in connection with a credit card issued to Sieber. On June 9, 2020, a stipulation for conditional entry of judgment was filed pu...

Excerpt: ...Millan, and Ross McMillan John C. Eck of Griffith & Thornburgh, LLP for defendants William Braconi & Sabrina Braconi TENTATIVE RULING: For the reasons and in the manner and scope articulated below, the Court will issue the preliminary injunction, and impose a bond of $5,000, to be posted no later than June 2, 2022. Background: The MDLV Condominium Conversion Project consists of three units, located at 603 De La Vista Avenue, 607 De La Vista Avenu...

Excerpt: ... Duenas: Royce J. Borgeson, Henderson & Borgeson For Defendant Daniel Ahmadian: Jennifer M. Damon, Matthew Balmuth, Mandell, Damon & Associates, LLP TENTATIVE RULING: The Court continues the hearing on defendant's motion to July 11, 2022, pending a further meet and confer requirement and supplemental briefing in accordance with this ruling. Background: This case arises from a vehicle collision that occurred on January 13, 2019 on Highway 154 in S...

Excerpt: ... 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 former Executive Chairma...

Excerpt: ... Lambrous, Legal Aid Foundation of Santa Barbara County For Defendant Jaime Cazares, Jr.: H. Frederick Seigenfeld, Seige Law PC TENTATIVE RULING: Defendant's demurrer is overruled. Defendant shall file an answer to plaintiff's First Amended Complaint on or before June 3, 2022. Background: On December 27, 2021, plaintiff Martin Cazares filed a verified complaint against his nephew, defendant Jaime Cazares, Jr., to quiet title, for cancellation of ...

Excerpt: ...iner against defendants Zaria Robinson and Grace Harris. The complaint alleges that plaintiff is the owner of premises located at 301 La Casa Brande Circle, Unit A, Goleta, 93117, and rented the premises to defendants pursuant to an oral agreement entered into on October 1, 2021. The complaint alleges that defendants were served with a 3-day Notice to Pay Rent or Quit. Plaintiff's Mandatory Cover Sheet and Supplement Allegations filed concurrentl...

Excerpt: ...porations Code section 17711.06. (Petition, p. 4.) (Note: The Petition does not number its lines and does not include pagination in violation of California Rules of Court, rules 2.108(1), (4) and 2.109.) ““If the limited liability company denies that a membership interest is a dissenting interest, or the limited liability company and a dissenting member fail to agree upon the fair market value of a dissenting interest, then the member or any ...

Excerpt: ...endant and tenant Shalini Jain (“Jain”). The case settled on January 19, 2022. Pursuant to the terms of the judicially supervised settlement, which the parties agreed was enforceable pursuant to Code of Civil Procedure section 664.6, Jain agreed to move out of the subject premises by February 15, 2022. Jain also agreed to remove all of her belongings, and to “[l]leave [sic] the place in as clean of condition, less wear and tear, as when she...

Excerpt: ...endant and tenant Shalini Jain (“Jain”). The case settled on January 19, 2022. Pursuant to the terms of the judicially supervised settlement, which the parties agreed was enforceable pursuant to Code of Civil Procedure section 664.6, Jain agreed to move out of the subject premises by February 15, 2022. Jain also agreed to remove all of her belongings, and to “[l]leave [sic] the place in as clean of condition, less wear and tear, as when she...

Excerpt: ... negligence against defendants Toro Canyon Nursery, Inc. and Erick Suarez. As alleged in the FAC, on September 13, 2019, defendant Erick Suarez was driving a 1996 Ford F150 pickup truck westbound on highway 154, approximately one quarter mile east of the entrance to Cachuma Lake, in an unincorporated area of Solvang, Santa Barbara County, California, at a high rate of speed, utilizing both the westbound and eastbound lanes of travel, across doubl...

Excerpt: ...Nye, Stirling, Hale & Miller, LLP For Defendant Ritz-Carlton Hotel Company, LLC: Paul J. Lipman, Wesierski & Zurek, LLP TENTATIVE RULING: (1) The demurrer of defendant Ritz Carlton Hotel Company, LLC, also sued as defendant Marriott International, Inc., is sustained, with leave to amend, as to the first, third, and fourth causes of action, and is otherwise overruled. Plaintiff Kai Jolly shall file and serve her first amended complaint on or befor...

Excerpt: ...iscovery and Request For Sanctions 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: (1) Plaintiff's motion is granted in part. (2) Defendant is ordered to provide a further response to plaintiff's Form Interrogatory N...

Excerpt: ...ttage Health dba Santa Ynez Valley Cottage Hospital: Stephen C. Fraser, Alexander M. Watson, Daniel K. Dik, Fraser Watson & Croutch, LLP TENTATIVE RULING: (1) Defendant's motion is granted. Plaintiff shall submit to a physical examination in accordance with this ruling, on or before June 2, 2022. (2) Plaintiff's request for sanctions is denied. (3) Defendant's request for an order to show cause re sanctions is denied without prejudice. Background...

Excerpt: ... D, on or before May 23, 2022. Background: On July 27, 2021, plaintiff filed a complaint alleging two causes of action for negligence and vicarious liability, arising out of a motor vehicle accident that occurred on the US-101 northbound near El Sueno Road in Santa Barbara, California. On August 5, 2021, plaintiff filed proofs of service of the summons, complaint and other required documents on defendants Celine Sophia Cardona (“Cardona”) and...

Excerpt: ... Cumbre Road and Calle Real in Santa Barbara involving Roxana Hand and Gregorio Ruiz Solis. On October 29, 2020, plaintiff Berkshire Hathaway Homestate Insurance Company (Berkshire) filed lead case No. 20CV03560 against Solis asserting a subrogation claim based upon the payment of workers' compensation benefits to or on behalf of Hand arising from the accident. On November 6, 2020, plaintiff Hand filed case No. 20CV03665 against Solis asserting p...

Excerpt: ...ope Engagement) Ronak Patel For Cross-Defendant Wolf Baschung: Rinat Klier-Erlich, Brian Smith, Zelms Erlich & Mack TENTATIVE RULING: The motion of cross-defendant Wolf Baschung for summary judgment as to the cross-complaint of Henry Aguila is granted. Cross- defendant Baschung is therefore entitled to judgment on the cross-complaint in his favor. Background: (1) Background Facts Henry Aguila was the president of Thee Aguila, Inc., (TAI) which ow...

Excerpt: ...Nye, Stirling, Hale & Miller, LLP For Defendant Ritz-Carlton Hotel Company, LLC: Paul J. Lipman, Wesierski & Zurek, LLP TENTATIVE RULING: (1) The demurrer of defendant Ritz Carlton Hotel Company, LLC, also sued as defendant Marriott International, Inc., is sustained, with leave to amend, as to the first, third, and fourth causes of action, and is otherwise overruled. Plaintiff Kai Jolly shall file and serve her first amended com plaint on or befo...

Excerpt: ... Sons, LLC Motion To Set Aside Judgment By Stipulation RULING Plaintiff Teng & Sons, LLC's, motion to set aside the judgment by stipulation entered on February 16, 2022, is granted in accordance with this ruling. Defendant Fnu Boendianto's motion to enforce judgment terms is moot and ordered off calendar. Background This is an unlawful detainer proceeding that settled on December 29, 2021. Before the Court are competing motions. Defendant Fnu Boe...

Excerpt: ... A. Albert, Walter Clark Legal Group For Defendant Interinsurance Exchange of the Automobile Club: No appearance TENTATIVE RULING: The hearing on the petition to compel arbitration is continued to June 13, 2022 in accordance with this ruling. Background: This action arises out of a motor vehicle accident that occurred on the US-101 northbound, approximately 320 feet east of San Ysidro Road. As alleged in the petition to compel arbitration filed b...

Excerpt: ...Alan D. Condren; Bruce W. Hogan, Kingston, Martinez, & Hogan, LLP For Defendant-Judgment Debtor Superior Millwork of SB, Inc.: Robert B. Locke For Joseph Morin: Self-represented For Diana Lynn Morin: Self-represented For A&E Cabinets, LLC: No appearance TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiff-judgment creditor Peoples' Self-Help Housing Corporation to add judgment debtors is granted in part and denied in part. ...

Excerpt: ...and Cal Green Medical, LLC: Nicole K. Howell, Daniel E. Dersham, Katherine A. Podein, Clark Howell LLP For Defendants Jeddediah Delmar Hazard and Mark Valdez Russell: Joshua E. Lynn, Elizabeth A. O'Brien, Lynn & O'Brien, LLP For Defendant City of Goleta: Megan K. Garibaldi, John M. Natalizio, Best Best & Krieger LLP TENTATIVE RULING: For the reasons set forth herein, the hearing on plaintiffs' motion for a preliminary injunction is continued to J...

Excerpt: ...er, Pfau, Pyle & McRoy LLP For Defendants Adam Pirozzi and 4602 Via Carretas, LLC: Jasper L. Ozbirn, Ozbirn Law TENTATIVE RULING: Defendants' demurrer is sustained in part. Plaintiff shall file his amended pleading, in accordance with this ruling, on or before May 20, 2022. Background: Plaintiff's verified complaint filed on November 30, 2021 alleges three causes of action against defendant Adam Pirozzi for (1) Fraudulent Inducement (Purchase Agr...

Excerpt: ...s and authorities in support of CCA's application for right to attach order and writ of attachment filed on March 7, 2022 (“Memorandum”), and “limited portions” of its cross-complaint also filed on March 7, 2022. Analysis: “The court may order that a record be filed under seal only if it expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overridi...

Excerpt: ...f such fees or a notice of withdrawal of the motions for which fees are not paid. On or before May 13, 2022, plaintiff shall also file and serve notice of the continued hearing. Background: On June 23, 2020, plaintiffs Mark Schaub and TLG Ltd. filed their original complaint in this action against defendants Andrew Wyle Waters, FCP Corporate Ltd. (FCP Corporate), and FCP Private, LLC (FCP Private). On February 2, 2021, without any response having ...