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2021.02.16 Motion for Bifurcation 558
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.02.16
Excerpt: ...E Email addresses: [email protected]; [email protected] barbara.ca.us; [email protected]; [email protected]; john @ mind ybi Issue County's Motion for bifurcation. Park District joins in the motion. Ruling For the reasons set out below the Court DENIES the motion to bifurcate the trial. Background The case was filed in 10/2019; now set for trial in 10/21. Although long ago designated comple x the Court has not been able to get th...
2021.02.16 Application for Writ of Possession, TRO 088
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.02.16
Excerpt: ...he Court will enter the proposed order plaintiff submitted, except the Court will cross out Item 4 in the order because the order is being issued after hearing, not ex parte; the Court will add $1,000 to Item 5.d. Background This action involves a dispute over a 1965 Ford Mustang. In her verified complaint, plaintiff Kathleen Johnson alleges: She is the owner of the vehicle and is entitled to possession of it. She alleges that in April 2020, the ...
2021.02.09 Motion to Vacate Judgment, Enter Different Judgment, Terminate Writ 948
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.02.09
Excerpt: ...t to CCP § 473(b); in the alternative, to Enter a Different Judgment Pursuant to CCP § 663; and to Terminate Writ of Execution Ruling The Court denies in part and grants in part defendants Craig Saling, Santa Barbara Merchant Services., Inc., and Tack & Jibe, Inc.'s Motion to Vacate Judgment Pursuant to CCP § 473(b); in the alternative, to Enter a Different Judgment Pursuant to CCP § 663; and to Terminate Writ of Execution. The Court orders t...
2021.02.09 Motion to Enforce Judgment 394
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.02.09
Excerpt: ...ts RULING Plaintiffs' motion for order enforcing the consolidated judgment and awarding attorney's fees and costs is denied without prejudice for the reasons set forth herein. BACKGROUND This action involves a view easement dispute. Plaintiffs Patrick Corrigan and Margaret Ingalls are the owners of real property located at 836 Jimeno Road and 1402 Grand Avenue. Both properties are situated in the Riviera neighborhood of Santa Barbara where reside...
2021.02.09 Demurrer 962
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.02.09
Excerpt: ... dba L.A. Care Health Plan Email addresses: [email protected]; [email protected];[email protected]; [email protected]; [email protected]; [email protected]; [email protected] ISSUE Demurrer to First Amended Complaint RULING For the reasons set forth herein relating to plaintiff's failure to allege compliance, or excuse from compliance, with the mandatory claim presentation requirements, defendant's demurrer to plaintiff's first amended c...
2021.02.02 Motion to Recover Stock Certificates 106
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.02.02
Excerpt: ...ssue Parrish's Motion to Recover Stock Certificates Ruling The motion is DENIED. The Court will not accept Parrish's invitation to exercise its equit a a certificate of sale issue for the Avenatti Certificates; that the Doppio Certificate is declar that the Doppio Certificate be re-issued in Parrish's name with appropriate credit given t o Parrish. Analysis The case was last on calendar on 1/5/21; it was continued to 2/2/21 so that Parrish could ...
2021.02.02 Motion to Compel Compliance, or in Evidentiary Sanctions 992
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.02.02
Excerpt: ...om; [email protected]; [email protected]; [email protected]; [email protected] Issue Pacific Diagnostic's Motion to Compel Compliance or, in the Alternative, Motion for Evidentiary Sanctions; and Request for Monetary Sanctions Ruling The Court denies Pacific Diagnostic's motion to compel compliance or, in the alternative, motion for evidentiary sanctions and request for monetary sanctions. Background This is ...
2021.02.02 Motion for Evidence and Issue Preclusion Sanctions or to Compel 837
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.02.02
Excerpt: ...w.com; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] ISSUE Motion for Evidence and Issue Preclusion Sanctions or, in the Alternative, to Compel Further Discovery Responses. RULING The motion of defendant Esperer Holdings, Inc. for issue or evidence sanctions or to compel plaintiff 1998 Ampersand Aviation, LLC to provide further discovery responses is denied. BACKGROUND In these con...
2021.02.02 Demurrers 299
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.02.02
Excerpt: ...homas & Engbloom Law Group LLP For Defendant CBIZ, Inc.: Sean P. Nalty, Jenny H. Wang, Ogletree, Deakins, Nash, Smoak & Stewart, P.C. Emails: [email protected]; [email protected]; [email protected]; [email protected]; [email protected] ISSUE (1) Demurrer of Defendants Michael Corrigan and Corrigan & Company to Second Amended Complaint (2) Demurrer of Defendant CBIZ to Second Amended Complaint RULINGS (1) For the reasons se...
2021.02.02 Demurrer 889
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.02.02
Excerpt: ...nz's 1 st Cause of Action for Defamation in the Cross-Complaint be sustained? Ruling Barnett's demurrer is sustained as set forth below. Barnett's answer to the Cross-Complaint [2 nd Cause of Action] is due February 19, 2021. The CMC set for 8:30 am will be called at the 10 am calendar with the L&M matter. ANALYSIS The Demurrer Filed 10/5/20; sets out two counts: (1) Defamation, and (2) Breach of Contract. The demurrer is to the First Cause of Ac...
2021.01.26 Motion to Compel Further Responses 458
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.01.26
Excerpt: ...rus Khosh-Chasm For Defendant Rucker [“Rucker”]: Darren W. Epps Discovery Referee [“DR”]: R. A. Carrington Emails: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Issue Dungey's motion to compel SBCC to respond further, without objections, to Special Interrogatory No. 33, and for sanctions. Ruling Dun...
2021.01.12 Demurrer, Motion to Amend Complaint 265
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.01.12
Excerpt: ...r L. Rosing, Benjamin C. Wohlfeil, Christopher M. Milas, Klinedinst PC Emails: [email protected]; [email protected];[email protected]; [email protected] RULINGS: (1) For the reasons set forth herein, plaintiffs' motion for leave to file an eighth amended complaint is granted. On or before January 27, 2021, plaintiffs shall file and serve their amended complaint substantially in the form of the proposed eighth amended complain...
2021.01.12 Motion for Preliminary Injunction 386
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.01.12
Excerpt: ...ficates, Series 2007-B Emails: [email protected]; [email protected] RULINGS: 1. Plaintiff's motion for preliminary injunction is granted. Defendants are enjoined from foreclosing on plaintiff's residence pending completion of this action or further order of the court. As a condition of the preliminary injunction, plaintiff shall make all back payments due under the contested loan modification agreement, if any, and make all current...
2021.01.12 Demurrer, Motion to Strike 962
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.01.12
Excerpt: ...ristopher Lee and New Standard Construction, Inc. Emails: [email protected]; [email protected]; [email protected] RULING: The demurrer is overruled as to the negligence, nuisance, and intentional infliction of emotional distress causes of action, and sustained as to the breach of CC&Rs cause of action, and as to the complaint as a whole with respect to Patti Walters as an individual. The Court will allow plaintiff leave to file a First Amended Com...
2021.01.12 Motion to Compel Further Responses, for Judgment on the Pleadings, for Reconsideration 458
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.01.12
Excerpt: ...” sometimes “plaintiff”]: Rachel Saur; Kelli D. Burritt For Defendant Santa Barbara Community College District [sometimes “SBCC,” sometimes “defendant”]: Molly E. Thurmond; Cyrus Khosh-Chasm Defendant Rucker: Darren W. Epps Discovery Referee: R. A. Carrington Emails: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; ra@carri...
2021.01.05 Motion to Recover Stock Certificates 106
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.01.05
Excerpt: ...appellonoel.com; [email protected]; [email protected]; The Court did not find an email address in the file for Avenatti. Rulings: For the reasons set out below the matter is continued to March 2, 2021 so that Parrish can give notice to Lisa Storie-Avenatti. Analysis: The complaint was filed in 2018. The case was last on calendar on 9/1/20; the Court's analysis at that time is helpful to the Court in its analysis today. The underlying...
2021.01.05 Motion to Compel Production of Docs 971
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.01.05
Excerpt: ...CO”] Robert B. Forouzandeh for David Snider, Snider Investments, LLC, Snider Interests, LLC, Morongo Equity Partners II, LLC, Intervenor Complainant Morongo Equity Partners I, LLC Travis C. Logue, Nathan C. Rogers for Morongo Equity Partners I, LLC [“Morango”] Howard D. Hall, Taylor Dalton for Reprop Investments, Inc [Reprop”] James T. Ryan, Jason D. Annigian for Eli Owens [“Owens”], Roger MacFarlane [“MacFarlane”], Gary Walker [�...
2021.01.05 Demurrer 785
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.01.05
Excerpt: ...��PEA” sometimes “PE”] David Davidson attorney for former potential intervenor [“USSIC”] Emails: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Rulings: The demurrer is overruled; the answer to be filed by January 22, 2021. Background [summarized] This original complaint in this case was filed on 4/30/20; time extensions...
2020.12.15 Motion to Compel Further Responses 987
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.12.15
Excerpt: [email protected] Rulings; For the reasons set out in the Court's Conclusions [see below] the Court rules: Motion #1. Plaintiff will provide responses to requests for production Nos. 1-12, 13, 14-26, and 28-34 without objections. Motion #2. Plaintiff will provide further responses to the Special Interrogatories set forth below without objection. Motion #3. Plaintiff will provide further responses to Request for Admission Nos. 1-3 and 7-10 and No. 1...
2020.12.15 Motion to Compel Further Responses 951
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.12.15
Excerpt: ...”] is represented by Robert J. Stoll, Jr., Robert J. Stoll III Emails: [email protected] ; [email protected]; [email protected]; [email protected]; Ruling: For the reasons set forth below in the Court's Conclusions:  Motion #1. Respondent shall provide verified responses, without objection and further verified responses without objection to Form Interrogatory Nos. 2.3, 2.5, 2.6, 4.1, 6.2, 6.3, 6.4, 6.5, 6.7, 7.1, 7.2, 8.8, 10....
2020.12.15 Motion to Compel Further Responses 032
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.12.15
Excerpt: ...9 WP filed a request for an order compelling Delaney to forthwith serve further responses to Form Interrogatories – General [Set No. One (1)] and included Interrogatory 17.1 regarding Delaney's Responses to Requests for Admission [Set No. One (1)] served concurrently with WP's Form Interrogatories; served on February 10, 2020; lengthy time- consuming communications and issues arose; despite numerous communications between attorney Cohn and atto...
2020.12.15 Motion to Compel Arbitration 020
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.12.15
Excerpt: ...mh.com; [email protected]; [email protected]; reisz@mmrs- law.com; [email protected] Rulings: For the reasons set out below in the Court's Conclusions the Court grants Lavin's Motion to Compel Arbitration and will stay the litigation pending arbitration between Varr and Lavin. Analysis This litigation arises out of the lawsuit filed in 9/2020 by Varr; involves her purchase of residential real property located at 133 East Alamar Ave., Santa ...
2020.12.08 Motion to Compel Responses, for Sanctions 715
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.12.08
Excerpt: ...a further response to Special Interrogatories (Set One) propounded by Defendants Gunson, Arnett and Heinze. 3. Kimberly is further ordered to serve a further response to the Request for Production of Damages (Set One) propounded by Defendant Gunson, and is ordered to produce signed authorizations for the out-of-state medical providers. 4. All further responses and documents are ordered to be produced by December 18, 2020. 5. The request for sanct...
2020.12.08 Motion to Compel Further Responses 614
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.12.08
Excerpt: ...dant Bond: Gary D. Fields Defendant Grassini: Clayton T. Graham Emails: [email protected]; [email protected]; [email protected]; [email protected]; Rulings: l. The Motion to Compel Further Responses to Form Interrogatories, Set One is GRANTED. Plaintiff is ordered to provide further responses as requested in defendant's motion as to Form Interrogatories 8.4 and 12.1. Plaintiff is to provide further responses no lat...
2020.12.08 Demurrer 165
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.12.08
Excerpt: ...nalysis The Plaintiffs 7AC was filed 10/6/20 and is framed in 9 counts: 1. Elder Abuse (Financial) 2. Elder Abuse (Physical/Emotional) 3. Legal Malpractice 4. Breach of Fiduciary Duty 5. Conversion 6. Accounting 7. Intentional Misrepresentation 8. Concealment 9. Intentional Interference With Expected Inheritance Demurrer On 11/9 Defendants filed a demurrer to the 7AC contending that: Counts (1)-(6) and (9) are time-barred and are uncertain as to ...

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