civil litigation

  • Court Denies City of Santa Barbara's Anti-SLAPP Motion

    On March 10, 2017, Ventura Judge Mark Borrell issued a ruling to deny the City of Santa Barbara’s anti-SLAPP motion in the lawsuit brought by Theo Kracke challenging the City’s ban of short-term vacation rentals as a violation of the Coastal Act.

  • Court Rules Against City Of Santa Barbara

    Theo Kracke won a battle in his ongoing lawsuit against the City of Santa Barbara over its decision to ban short-term vacation rentals (STVRs). Earlier this year, the City filed its second demurrer and tried to have the lawsuit dismissed for the third time. However, on June 26, 2017, the court overruled the demurrer and made certain findings that validate the core arguments of the lawsuit. Now that this major obstacle to the lawsuit has been removed, it will proceed in court.

  • Eviction Notice – 3 Day Notice – How to Count to Three

    Travis Logue

    Rogers, Sheffield & Campbell has represented scores of clients in unlawful detainer (eviction) proceedings. While we represent Landlords 95% of the time, we do occasionally represent qualified tenants. In doing so, we have been amazed how frequently plaintiff’s attorneys, property managers, and owners fail to understand how to properly compute the three day notice period in the context of a three day notice to pay or quit.

    Not only is it embarrassing to face the judge and explain how you did not properly count to three, it is also time consuming and expensive. If you fail to correctly count to three, a defendant will simply file a Demurrer to the Complaint which the Court will sustain without leave to amend. This means you will have to dismiss the defendant, re-serve the three day notice, re-file and re-serve the complaint, and pay the filing and process server fees again. Ouch.

  • Lawsuit Against Santa Barbara's Ban On Short-Term Rentals Can Proceed

    Jason Wansor and Travis Logue, attorneys with the Santa Barbara law firm of Rogers, Sheffield & Campbell, LLP, are representing Theo Kracke in his lawsuit against the City of Santa Barbara over its ban of short-term vacation rentals. 

  • Rogers Sheffield & Campbell, LLP Responds To City Of Santa Barbara's Free Speech Argument In Vacation Rental Ban Suit

    The March 3, 2017 front page of the Santa Barbara Newspress featured extensive quotes from Rogers, Sheffield & Campbell attorney,Jason Wansor.  Yesterday, the Ventura court heard argument on Motions for Demurrer, Anti-SLAPP, and Preliminary Injunction.  The Firm is representing Theo Kracke in his lawsuit against the City over its ban of short-term vacation rentals. 

  • Rogers, Sheffield & Campbell, LLP Files Suit Against City of Santa Barbara Over Vacation Rental Ban

    Rogers, Sheffield & Campbell, LLP Files Suit Against City of Santa Barbara

    Theo KrackeTheo Kracke

    On November 30, 2016, Travis C. Logue and Jason W. Wansor, attorneys for the Santa Barbara law firm of Rogers, Sheffield & Campbell, LLP, filed a Petition for Writ of Mandate and Complaint for Civil Penalties for Violation of the California Coastal Act against the City of Santa Barbara (the “City”).

    The suit stems from the City’s decision to ban short-term vacation rentals (STVRs).  The prohibition will apply to all STVR properties beginning January 1, 2017.

    The petition was filed on behalf of the firm’s client, Theo Kracke, a 35-year resident of Santa Barbara, and proprietor of Paradise Retreats World Class Vacation Rentals.  Mr. Kracke has been engaged in operating, managing and servicing vacation rentals in and around the City since 2006, many of which are located within the City’s Coastal Zone, as defined under the Coastal Act.

  • Rogers, Sheffield & Campbell, LLP Opposes City of Santa Barbara’s Anti-SLAPP Motion

    On February 16, 2017, Travis C. Logue and Jason W. Wansor, attorneys with the Santa Barbara law firm of Rogers, Sheffield & Campbell, LLP, filed Theo Kracke’s Opposition to the City of Santa Barbara’s Anti-SLAPP (Strategic Lawsuit Against Pubic Participation) Motion.

    The Coastal Commission’s letter of December 6, 2016 states the Coastal Commission’s current position that any regulation of short-term vacation rentals within the Coastal Zone amounts to “development” and requires either a Coastal Development Permit (CDP) or an amendment to the City’s Local Coastal Program (LCP).  The relief requested in Mr. Kracke’s Petition is that the City either obtain a CDP or amend its LCP.  Even though Mr. Kracke’s Petition is consistent with the Coastal Commission’s policy on the issue, the City characterizes the Petition as “frankly outrageous.”  In addition, the City asserts Mr. Kracke’s legal challenge is intended to chill the City’s freedom of speech under the First Amendment and is a “strategic lawsuit against public participation” under Code of Civil Procedure Section 425.16.  The City also requests an award of attorneys’ fees.

  • Vacation-Rental Lawsuit Against City Of Santa Barbara Moves Forward

    Santa Barbara was dealt a minor blow as officials for a third time try to get a lawsuit over the city's short-term vacation rental ban thrown out of Ventura County Superior Court.

    "This is a victory for those people who could not otherwise enjoy the Santa Barbara coastline."
    --Theo Kracke

  • You Can Ask Too Much In Personal Injury Damages

    legal scales

    Most of the time, personal injury litigation flies under the radar. On occasion, however, this kind of civil litigation does get lots of attention when a jury awards millions of dollars to a plaintiff. The publicity dies out fairly quickly even with the largest awards, and what happens afterwards usually doesn't get any press at all. What doesn't get any attention is the subsequent overturning of the award. The rejection of the award happens because attorneys ask for too much in personal injury damage awards. 

    Juries can and do reach very large numbers in punishing a defendant or awarding a plaintiff with damages. Many times these massive awards are accepted by judges, and then later overturned for being excessive.

Practice Areas And Regions Served

Rogers, Sheffield & Campbell, LLP primarily serves individuals, families and businesses up and down California's Central Coast and North Los Angeles County, including many Santa Barbara, San Luis Obispo, and Ventura County communities.

Our experienced legal team includes business lawyers, real estate lawyers, tax lawyers, estate planning lawyers and civil litigation lawyers. Our areas of legal practice expertise include Business Law, Entity Formation, Real Estate Law, Tax Law, Estate Planning, Wills, Trusts, Probate, Wine Law, Vineyard Law, Civil Litigation and Alternative Dispute Resolution.

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