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2018.8.14 Petition to Compel Arbitration 755
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.8.14
Excerpt: ... set forth in petitioner's April 6, 2018, letter to Allstate. The arbitration shall take place within ninety (90) days of the date of this order, unless the parties agree to a later date. BACKGROUND This is a petition to compel arbitration of an uninsured motorist claim. On December 8, 2016, petitioner Bryn Martin (“Martin”) was involved in a motor vehicle accident with an uninsured motorist. At the time of the accident, Martin was insured un...
2018.8.14 Demurrer, Motion to Strike Punitive Damages 715
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.8.14
Excerpt: ...he fifth cause of action for private nuisance are sustained, with leave to amend on or before August 24, 2018. The demurrer to the seventh cause of action for retaliatory eviction is overruled. The motion to strike the punitive damage allegations is denied. 2. CMC calendared at 8:30; Demurrer and Motion to Strike calendared at 9:30; The Court will call both matters at the 8:30 calendar Background Plaintiffs' claims arise from their residence at p...
2018.8.14 Demurrer, Motion to Strike, to Compel Responses 305
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.8.14
Excerpt: ...pel Further Responses to Requests for Production of Documents Attorneys: For Plaintiffs Curvature LLC and Curvature, Inc.: Meryl Macklin, Bryan Cave Leighton Paisner LLP; Lawrence J. Conlan, Cappello & Noel LLP For Defendants PivIT Global, Inc. Troy Jacobsen, Justin Sparks, Joe Zender, Mick McKay, Jeff Jacobsen, Markis Robinson, and Alex Karis: Claude M. Stern, Ryan S. Landes, Michael F. LaFond, Leonidas Angelakos, Quinn Emanuel Urquhart & Sulliv...
2018.8.7 Motion for Summary Judgment 029
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.8.7
Excerpt: ...n, Barbara A. Carroll, Clinkenbeard, Ramsey, Spackman & Clark, LLP For Defendants Santa Barbara County Sheriff's Office and Santa Barbara County Clinic: R. Chris Kroes, McCarthy & Kroes Ruling: For the reasons set forth herein, hearing on the motion of defendants Santa Barbara Cottage Hospital and Goleta Valley Cottage Hospital for summary judgment is continued to October 16, 2018. Plaintiff Robert Eldon shall file and serve opposition to the mot...
2018.7.31 Motion to Continue Trial 693
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.7.31
Excerpt: ...: “According to the complaint, this case arises out of an October 20, 2015 car accident, with plaintiff alleging that defendant Shane Shields negligently operated a Honda Pilot owned by her parents Mark and Jody Shields, so as to cause a car accident with plaintiff. Ms. Shane Shields' presence at trial and availability to testify there is essential to the defense of this case. The principal defendant, Ms. Shane Shields, who was driving the car ...
2018.7.31 Demurrer, Motion to Strike Punitive Damages 355
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.7.31
Excerpt: ...RULING: Defendants' demurrer to plaintiff's first, second, third, fifth, and sixth causes of action for injunctive relief, declaratory relief, quiet title, and violations of the California Homeowners Bill of Rights is sustained without leave to amend. Defendants' demurrer to plaintiff's fourth cause of action for negligence is overruled. Defendant's motion to strike the punitive damages allegations in the complaint is granted without leave to ame...
2018.7.24 Writ of Mandate 325
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.7.24
Excerpt: ...tive record will be filed with the Court and an appropriate briefing schedule for the disposition of the merits of the writ petition. Analysis: The administrative writ petition was filed on July 3, 2018. On July 10 (one week after filing), petitioner James Doub filed an ex parte application to stay the DMV's suspension of Doub's vehicle license. The ex parte application was opposed by the DMV. The ex parte application was heard on July 11. The Co...
2018.7.24 Motion to Compel Answers 439
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.7.24
Excerpt: ...r responses to form interrogatories, set one, is granted in part and denied in part. Defendant Aaron Fahey shall serve verified further responses to form interrogatories, set one, Nos. 14.1, 14.2, 15.1, 16.2, 16.3, 16.4, 16.5, 16.6, 16.7, and 16.8 on or before August 8, 2018. The Court awards monetary sanctions in favor of plaintiff and against defendant Fahey in the amount of $2,010 to be paid to counsel for plaintiff on or before August 8, 2018...
2018.7.24 Motion for Judgment on Writ of Mandate 729
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.7.24
Excerpt: ...h Catt Properties, to wit: Santa Barbara Inland & Coastal Rights Association vs City of Santa Barbara#18CV03136; the Court will be interested in your comments as to any advantages in facilitating resolution that might be accomplished in going forward, if any.] Background: This action arises from respondent/defendant City of Santa Barbara's City Council's denial of an appeal from an April 19, 2017, decision by the Historic Landmarks Commission den...
2018.7.24 Demurrer 655
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.7.24
Excerpt: ... the complaint as a whole. Plaintiff shall file and serve his first amended complaint, if he chooses to do so, on or before August 8, 2018. Background: As alleged in the complaint: Plaintiff Stephen T. Crozier and defendant Mareike Schmidt made an oral agreement for personal loans in the total principal amount of $26,063.00. (Complaint, ¶ BC-1 & exhibit B.) Loans were made in varying amounts from July 2, 2013, with the last statement showing suc...
2018.7.24 Motion for Summary Adjudication 780
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.7.24
Excerpt: ...e and Donald McGilvray Richard C. Weston for Defendant AmGUARD Insurance Company RULINGS: Plaintiffs' motion for summary adjudication as to their second cause of action for declaratory relief and AmGUARD's fourth affirmative defense is granted. The Court finds as a matter of law that Endorsement BP 99600312 to the AmGUARD policy does not apply to plaintiffs' March 19, 2017, water damage claim. AmGUARD's motion for summary adjudication as to plain...
2018.7.17 Petition to Approve Compromise of Person with Disability 980
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.7.17
Excerpt: ... McAndrews, Kjar, Warford & Stockalper for defendant Jeffrey Fried, M.D. William Clinkenbeard of Clinkenbeard, Ramsey, Spackman & Clark LLP for defendant Santa Barbara Cottage Hospital RULING: The petition is granted. Neither plaintiff nor his guardian ad litem need appear at the hearing. Background: This medical malpractice action, filed on July 6, 2017, alleges that plaintiff Ryan Burks was negligently treated for various conditions by the UCSB...
2018.7.17 Motion for Leave to File Complaint 061
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.7.17
Excerpt: ..., will be deemed filed as of July 17, 2018. Roxanne Doree shall serve the cross- defendants no later than July 27, 2018. Background This action arises out of an incident on April 11, 2017, in Santa Barbara, when an unleashed dog allegedly ran from defendant Roxanne Doree's property and entered the roadway directly into plaintiff Kirk Martin's path while he was riding a motor scooter. Plaintiff Kirk Martin sues for negligence and plaintiff Randee ...
2018.7.17 Minor's Compromise 239
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.7.17
Excerpt: ...n all respects, which will then be executed by the Court. ANALYSIS: The Court has reviewed the proposed order submitted with the petition. The proposed order is incomplete, in that it fails, at ¶ 7.c.(1)(a) to specify the payee for the payment of the attorneys' fees and costs. Petitioner is requested to prepare and submit an order that is complete in all respects. At that time, the Court will execute and file the order. ...
2018.7.10 Demurrer, Motion to Strike 305
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.7.10
Excerpt: ...lendar for failure to comply with CCP §§ 430.41 and 435.5. Defendants shall file a proper responsive pleading on or before July 20, 2018. Background: Plaintiffs Curvature LLC and Curvature, Inc., brought this action against defendants PivIT Global, Inc. (“PivIT”), Troy Jacobsen, Justin Sparks, Joe Zender, Mike McKay, Jeff Jacobsen, Markis Robinson, and Alex Karis. Plaintiff alleges that defendants Troy Jacobsen, Sparks, Zender, and McKay, a...
2018.7.2 Motion for Summary Adjudication 780
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.7.2
Excerpt: ... adjudication are ordered continued to July 24, 2018, at 9:30 a.m., in this Department for failure to comply with the court rules regarding the format of e-filed documents, specifically exhibits. Each side shall file and serve their properly formatted exhibit lists on or before July 6, 2018. The briefing schedule for the two motions shall remain as set forth in the Court's June 1, 2018 order. Analysis This case concerns an insurance dispute over ...
2018.6.26 Demurrer, Motion to Strike, for Sanctions 224
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.6.26
Excerpt: ...tion As Trustee For WAMU Mortgage Pass Through Certificate For WMALT Series 2007-OA3 RULING: Defendants' demurrer to plaintiff's complaint is sustained without leave to amend. Defendants' motion to strike portions of the complaint is moot given the ruling on the demurrer. Defendants' motion for monetary sanctions against plaintiff and his former attorney of record, John A. Holman, is granted in the sum of $7,500.00. The sanctions shall be paid wi...
2018.6.26 Demurrer 371
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.6.26
Excerpt: ...or the reasons set forth herein, the demurrer of defendant Certified Freight Logistics, Inc., to the eighth cause of action of the first amended complaint (for violation of Labor Code section 226.8) is sustained without leave to amend and the demurrer to the tenth cause of action (PAGA) is overruled. Defendant shall file and serve its answer to the first amended complaint, as it remains after the sustaining of this demurrer, on or before July 11,...
2018.6.26 Right to Attach 383
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.6.26
Excerpt: ...n that date. But the transcript has been provided by Mr. Katz. It is obvious the case was called and continued at the request of the Plaintiff, by Mr. Katz, and Mr. Scott to April 2, 2019. They told the Court that they have entered into a written settlement agreement that's final and binding. It is in the form of a Stipulation for Entry of Judgment on a court document. It calls for the defendant to make periodic payments every month over a ce...
2018.6.26 Petition to Approve Compromise of Person with Disability 980
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.6.26
Excerpt: ... Younggren-Neri of Reback, McAndrews, Kjar, Warford & Stockalper for defendant Jeffrey Fried, M.D. William Clinkenbeard of Clinkenbeard, Ramsey, Spackman & Clark LLP for defendant Santa Barbara Cottage Hospital RULING: The hearing on the petition is continued to July 10, 2018. Petitioner's counsel is invited to file a declaration setting forth the additional information articulated below, on or before July 3, 2018. Background: This medical malpra...
2018.6.19 Motion to Strike 077
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.6.19
Excerpt: ...cause of action and the complaint as a whole. The Court awards attorney fees and costs in favor of defendant Howard M. Fields and against plaintiffs Howard Lamar and Erin McCune Lamar in the amount of $928.00. Subject to this award of fees and costs, the Court orders the action dismissed with prejudice. Background: On September 12, 2017, plaintiffs Howard Lamar and Erin McCune Lamar (collectively, the Lamars) filed their complaint in this action ...
2018.6.19 Motion to Stay All Proceedings 856
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.6.19
Excerpt: ...rews Kurth LLP Ruling: For the reasons set forth herein, the Court orders this action stayed pending and excepting the filing and disposition of a petition for coordination to be submitted by plaintiff Hockison (or by defendants) within 30 days of this order. The parties are ordered to meet and confer within 14 days of this order to identify who will originate this petition and to what extent, if any, the parties agree upon factors relevant to th...
2018.6.19 Demurrer, Motion to Strike 626
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.6.19
Excerpt: ..., and fifth causes of action in plaintiffs Jeffrey C. Myers and Chris B. Myers's second amended complaint, without leave to amend. 2) Because of the ruling on the demurrer, defendant Wells Fargo Bank, N.A.'s motion to strike a portion of the second amended complaint is moot. Background: On April 18, 2016, plaintiffs Jeffrey C. Myers and Chris B. Myers filed their complaint against defendants Wells Fargo Bank, N.A. (“WFB”); Wells Fargo Home Mo...
2018.6.19 Demurrer 655
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.6.19
Excerpt: ...s court. On or before June 22, 2018, defendant Schmidt shall serve on plaintiff Crozier, by mail or by other legally sufficient means, all documents filed with the Court as and in support of her demurrer together with a notice of continuance of the hearing to July 24, 2018. The notice of continuance, and proof of legally sufficient service of all documents, shall be filed with the Court on or before June 29, 2018. Background: As alleged in the co...
2018.6.19 Default Prove-up 540
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.6.19
Excerpt: ...and drinking alcohol. Defendant started a structure fire causing damage to Plaintiff's structure and the upstairs and neighboring structures. The lease agreement between Plaintiff and Defendant contained a no-smoking provision inside the unit, and Defendant, on multiple occasions, professed to Plaintiff and her property manager that he did NOT smoke. Seeks punitive damages; alleges Defendant knew that ingesting sedatives while drinking alcoho...
2018.6.12 OSC Re Preliminary Injunction 552
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.6.12
Excerpt: ...t for hearing on 6/12. However, the order filed on 6/4/18 sets the OSC sought by plaintiff Love Lambs for hearing on 6/19, NOT 6/12. ATTORNEYS: Mack S. Staton of Mullen & Henzell LLP for plaintiffs Love Lambs II, LLC and Cortney Fishkin Christopher E. Haskell / Ryan D. Zick of Price, Postel & Parma LLP for plaintiff Casa Blanca Beach Estates Owners' Association No appearance by defendants RULING: For the reasons articulated below, the hearing on ...
2018.6.12 Motion to Compel Deposition 029
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.6.12
Excerpt: ...endants Santa Barbara County Sheriff's Office and Santa Barbara County Clinic join. The Court orders plaintiff, Robert Eldon, to attend his deposition. Defendants have not specified a time and place for the deposition. The Court will address the time and place for the deposition at the hearing. Background: This action arises out of medical care provided to plaintiff, Robert Eldon, while he was an inmate at the Santa Barbara County Jail. Defendant...
2018.5.29 Motion for Leave to File Complaint 634
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.5.29
Excerpt: ...s Plaintiff moves to file a First Amended Complaint to include negligent entrustment language, thereby making the limitations on owner liability pursuant to the California Vehicle Code inapplicable, and making Defendant Ana Maria Oliva and DOES and any one of them, jointly and severally liable for the full amount of Plaintiff's damages, to wit: $27,324.90; attaches a copy of Plaintiff's First Amended Complaint for Subrogation Recovery; propos...
2018.5.29 Motion for Determination of Good Faith Settlement 847
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.5.29
Excerpt: ...Inc.: Eric Berg For Cross-Defendant and Cross-Complainant Schock Contracting Corporation: Steven W. Sedach Ruling: For the reasons set forth herein, the motion of Schock Contracting Corporation for determination of good faith settlement is denied without prejudice to the filing of a renewed motion following the close of discovery in this action. Background: On April 26, 2017, plaintiff City of Santa Barbara (City) filed its original complaint in ...
2018.5.29 OSC Re Preliminary Injunction 552
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.5.29
Excerpt: ...d service of the TRO and OSC were not accomplished within the time required by Code of Civil Procedure section 527. As a result, the TRO must be dissolved. However, as described below, it may be reissued upon receipt of a declaration pursuant to Section 527(d)(5), and the OSC may then again be set for hearing. Court records do not show that any such declaration has yet been submitted by plaintiffs. However, there remains ample time to do so prior...
2018.5.29 Motion to Compel Answers 332
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.5.29
Excerpt: ... complete verified responses, without objections, to Request for Production, Set No. One, served on plaintiff on November 6, 2017, within thirty (30) days of the hearing on this motion. The second motion [filed 3/2/18] is to serve full and complete verified answers, without objections, to Form Interrogatories, Set No. One, served on plaintiff on November 6, 2017, within thirty (30) days of the hearing on this motion. The motions were set for 4/3/...
2018.5.29 OSC Re Preliminary Injunction 752
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.5.29
Excerpt: ... SBB Villas LLC and Kiran Pande (collectively, "Defendants") shall appear on June 12, 2018, at 9:30 am, in Department 3 of this Court, located at 1100 Anacapa Street, Santa Barbara, CA 93101, to show cause, if any exists, why the Court should not issue a preliminary injunction restraining and enjoining Defendants, and anyone acting on their behalf or in concert with them: (a) from transferring, or otherwise encumbering real property locat...
2018.5.24 Motion to Strike 959
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.5.24
Excerpt: ...h & Whatley, PC [email protected]; [email protected]; [email protected]; [email protected]; tshapiro@Santa Ruling: For the reasons set forth herein, the motion of defendant City of Santa Barbara to strike from the first amended complaint plaintiffs' req u Background: Plaintiffs Rolland Jacks and Rove Enterprises, Inc., dba Hotel Santa Barbara, on their own behalf and on behalf of all others similarly si t the first amended comp...
2018.5.22 Petition for Writ of Mandate 561
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.5.22
Excerpt: ...it corporation and the owner of Rancho Del Cielo, the former home and retreat of President Ronald Reagan (the “Reagan Ranch”), located in the Santa Ynez Mountains north of Santa Barbara. The Reagan Ranch consists of 688 acres and includes an adobe residence and related structures. The Reagans purchased the ranch in 1974, shortly before Ronald Reagan completed his second term as governor of California. Numerous artifacts of the Reagan governor...
2018.5.22 Motion to Strike Punitive Damages 745
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.5.22
Excerpt: ...hern California Edison Company Ruling: For the reasons set forth herein, the motion of defendant Southern California Edison to strike portions of the complaint is granted, without leave to amend, to strike paragraphs 42, 50, 54, and 66 of the text of the complaint and to strike paragraph 7 of the prayer on page 14 of the complaint. This ruling is without prejudice to the filing of a noticed motion to amend to allege claims for punitive damages at...
2018.5.22 Motion to Set Aside Summary Judgment 693
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.5.22
Excerpt: ...ril 4, 2018; vacates the forfeiture of Bail Bond #FCS1001668951 in People v. Joel Michael Mears, Case No. 1444629; and exonerates Bail Bond #FCS1001668951. Background: On July 12, 2016, in People v. Joel Michael Mears, Case No. 1444629 (the “criminal case”), Financial Casualty & Surety, Inc. (“Surety”) filed Bail Bond # FCS1001668951 in the amount of $100,000. The docket and records of the criminal case reveal the following activity: On A...
2018.5.22 Motion for Leave to File Complaint 844
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.5.22
Excerpt: ...ager & Dowling Ruling: The motion of cross-complainants Charles S. Crail and Charles S. Crail Automobiles for leave to file an amended cross- complaint is granted as qualified herein. There are two issues of form that the Court has with the proposed amended cross-complaint. First, the amended cross- complaint as proposed does not state in its caption that it is the first amended cross-complaint rather than an original cross-complaint as required ...
2018.5.22 Demurrer, Motion to Strike 224
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.5.22
Excerpt: ...OA3: Steven M. Daily, Rebecca L. Wilson, Kutak Rock LLP Ruling The Court continues the hearing on the demurrer and motion to strike of defendants to June 26, 2018. Background On March 9, 2018, plaintiff David Fee, then represented by counsel, filed his original complaint in this action against defendants Select Portfolio Servicing, Inc., (erroneously sued as Select Portfolio Services) and U.S. Bank National Association, as trustee for WaMu Mortga...

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