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2023.10.04 Motion for Summary Judgment, Adjudication 147
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.10.04
Excerpt: ...rdan A. Liebman, Foley Bezek Behle & Curtis, LLP For Defendants Jeff Pescatello, John Williams, and Ron Donaire: Robert B. Forouzandeh, Andrew Hazlett, Reicker, Pfau, Pyle & McRoy LLP For Defendant (as nominal Defendant) and Cross-complainant DelPlaya Media, Inc.: John J. Thyne Ill, Thyne Taylor Fox Howard, LLP RULING For the reasons set forth herein: The motion for summary judgment is granted. Background On March 23, 2022, Plaintiff Todd Wooten ...
2023.10.04 Motion for Leave to File SAC 132
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.10.04
Excerpt: ...ricia Wollum and Susan Reynolds: Gabriella L Sternfeld, David A. Napper, Gregory K. Sabo For Defendant Patrick Leahy: Self-Represented RULING For the reasons set forth herein: The motion for leave to file a second amended complaint is granted to allow Plaintiffs to add against Honor Home Care Services Califomia, Inc. as a Defendant. Background On December 11, 2020, Plaintiff Mark Sellars ("Sellars") filed his original complaint against Defendant ...
2023.10.04 Demurrer to Extraordinary Writ of Execution and Ejection and Sequestration 359
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.10.04
Excerpt: ...General of the State of California with leave to amend. Petitioner shall file a first amended pleading on or before October 13, 2023. Background On August 3, 2023, John De Herrera (Petitioner) filed a verified document titled "extraordinary writ of execution and ejection and sequestration" (the petition) against Resopondent the Attorney General of the State of California (the Attorney General). Petitioner is a professional artist and educator who...
2023.09.20 Motions to Compel Responses 471
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.09.20
Excerpt: ...out objection, on or before October 11, 2023. With respect to the motion for deemed admissions, if Plaintiff provides verified responses to the requests for admission before the time of the hearing on this motion, the motion will be denied. If Plaintiff fails to provide verified responses to the requests for admission before the time of the hearing on this motion, the motion will be granted, and the Court will order the matters set forth in the r...
2023.09.20 Motion to Amend Answer, to Continue Trial 017
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.09.20
Excerpt: ...rial dates after the case was designated complex litigation; another case has already been given some of the dates requested here for 120 days out [i.e. Cobb vs Superior Court of California for the County of Ventura.] It may settle; you are double set, in part; if that case does not settle you will start as soon as it finishes within the following time frame. You must save all these dates. 2. The Trial Date of 11/1/23 is continued to 3/6/23 at 11...
2023.09.20 Demurrer to SAC 077
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.09.20
Excerpt: ...n of Plaintiff's second amended complaint. The demurrer of Defendant City of Santa Barbara is overruled as to the fifth cause of action of Plaintiff's second amended complaint. Defendant shall file and serve its answer to Plaintiff's second amended complaint on or before October 3, 2023. Background On January 9, 2023, Plaintiff Eduviges Estrada (Estrada) filed her original complaint in this action asserting three causes of action against Defendan...
2023.09.13 Motion to Set Aside and Vacate Final Ruling, to Reinstate Case and Grant Leave to Amend Complaint 222
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.09.13
Excerpt: ...Knecht, Tom R. Shapiro, Office of the City Attorney RULING For all reasons discussed herein, the motion of Plaintiff David Matthew Kilrain to set aside and vacate final ruling and to reinstate case and grant leave to amend complaint is denied. Background On March 30, 2022, self-represented Plaintiff David Matthew Kilrain filed his original complaint in this action against Defendants City of Santa Barbara (the City) and Lisa Ann O'Niahll (O' Niahl...
2023.09.13 Motion to Confirm Stay Pending Appeal, to Strike 700
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.09.13
Excerpt: ...sented, and the record in this matter, the Court makes the following findings of fact and conclusions of law: 1. As a signatory to the Phase 3 Settlement, Fox Canyon Groundwater Management Agency ("FCGMA") agreed, inter alia, to serve as Watermaster, (SPTX-0045 S 1.1.2); that it would "perform the tasks assigned to it by the Judgment consistent with the Judgment's terms and the Watermaster Rules and Regulations," (id.); that it would "implement t...
2023.08.30 Motions to Compel Further Responses 414
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.08.30
Excerpt: ...is granted in part and denied in part as follows: 1. Defendants' motion to compel further responses, from R.H. to requests Nos. 1, 2, 5, 9, 10, 11, 13, 14, 15, and 40 is granted. R.H. shall provide verified, code compliant, further responses, without objections except as to privilege, no later than September 8, 2023. For any documents withheld on the grounds of privilege, R.H. shall serve a privilege log identifying each responsive document withh...
2023.08.30 Motion for Summary Judgment, Adjudication 608
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.08.30
Excerpt: ...ified School District: Harry W. Harrison, Marianne Gordon, Tyson & Mendes RULING (1) For all reasons discussed herein, the Court continues the motion of Defendant Santa Barbara Unified School District for summary judgment or, in the alternative, summary adjudication, to October 18, 2023. (2) For all reasons discussed herein, any motion to seal a record that has been conditionally lodged in support of or in opposition to Defendant's motion for sum...
2023.08.30 Motion for Summary Adjudication 299
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.08.30
Excerpt: ...& Company: Wendy M. Thomas, Betty T. Huynh, Tadjedin Thomas & Engbloom Law Group LLP RULING (1) For the reasons and to the extent set forth herein, the motion of Defendants Michael Corrigan and Corrigan & Company for summary adjudication of issues pursuant to Code of Civil Procedure section 437c, subdivision (t) is granted. The Court determines that Plaintiffs' claims for damages for alleged unrealized benefits under the Plan, as explained herein...
2023.08.16 Demurrer to FAC, Motion to Strike 132
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.08.16
Excerpt: ...nd Person of Rosemary Free Leahy: David J _ Tappeiner For Defendants Channe Coles and Thc Law Ofice of Channe G. Coles: R. Chris Kroes For Defendants Patricia Wollum and Susan Reynolds: Gabriella L _ Sternfeld, David A _ Napper, Gregory K _ Sabo For Defendant Patrick Leahy: Self-Represented 2. 3. 4. 5. RULNG The demurrer of Defendants Channe Coles and The Law Office of Channe G. Coles, to Plaintiffs' first amended complaint, is sustained with lea...
2023.08.16 Motion to Compel Deposition 379
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.08.16
Excerpt: ...al date in this case is 2/7/24. On 6/23/23 a motion to compel a deposition was filed by Plaintiffs which is set for hearing on 8/16/23. The motion seeks to compel Defendant Wendy P. McCaw (McCaw) to appear for a deposition and seeks monetary sanctions against McCaw and her counsel of record. McCaw is identified in the motion as the Chief Executive Officer of Defendant Ampersand Publishing, LLC (Ampersand). In the motion, Plaintiffs contend that M...
2023.08.09 Motion for Summary Adjudication 171
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.08.09
Excerpt: ...eron W. Thomas, William A. Bossen Defendant Inzunza Trucking Corp (“Inzunza”) is represented by German A. Marcucci, Dominique Sicari, Cross Defendant Lowe's Home Centers, LLC [“Lowe's” and sometimes “Lowes”] is represented by Joan E. Cochran, Lisa Kralik Hansen, Deborah A. Smillie Issue Lowe's Motion for Summary Adjudication against Inzunza; specifically, Lowe's requests that the Court grant Summary Adjudication in its favor on the is...
2023.08.09 Demurrer 020
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.08.09
Excerpt: ...serve her answer to Plaintiff's complaint on or before August 18, 2023. Background On March 14, 2023, Plaintiff Daniel Powell filed a complaint in this matter as Trustee of the Powell-Gorman Trust dated March 31, 1998, as amended and restated (the Trust), and on behalf of his parents Suedell Powell (Powell) and Thomas Gorman (Gorman), who are settlors of the Trust and who are deceased. As alleged in the complaint, in late 2021, Gorman and Powell,...
2023.08.02 Motion for Judgment on the Pleadings, to Compel 222
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.08.02
Excerpt: ..., Melissa Rapp, Office of the City Attorney RULING (1) For all reasons discussed herein, the court grants defendants' motion for judgment on the pleadings without leave to amend. (2) For all reasons discussed herein, the court orders the motion to compel and first amended motion to compel filed by plaintiff on, respectively, July 10 and 13, 2023, off- calendar. (3) The trial set for 8/2/23 at 11:30am is off calendar and the case is dismissed prej...
2023.08.02 Demurrer, Motion to Strike 957
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.08.02
Excerpt: ...I-J. Analysis The Complaint [filed 5/5/23]; 126-pages. Sets out three counts: 1. Judicial view restoration 2. Declaratory relief 3. Private nuisance Prays for 1. An order (a) requiring Defendants to restore Plaintiff's scenic views by the pruning, trimming, thinning, removal, and/or other maintenance of trees and other vegetation on Defendants' property that interfere with Plaintiff's views in a manner consistent with applicable laws; (b) enjoini...
2023.07.26 Motion for Approval of Settlement Under PAGA 778
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.07.26
Excerpt: ...rney's general act is denied without prejudice. Background Plaintiff Josefina Arzate filed her original class action complaint on February 25, 2022, against Coastal Blooms Nursery, LLC (“CBN”). After the filing of the original complaint CBN submitted an arbitration agreement signed by Plaintiff. On April 29, 2022, Arzate filed her first amended complaint (“FAC”), which is the operative complaint, adding a PAGA cause of action. The FAC all...
2023.07.26 Demurrer, Motion to Strike 753
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.07.26
Excerpt: ...Inc., Chad Sanchez, and David Esquer: Mark A. Love and Julie V. Oneto RULING For the reasons set forth below, Defendants Insulate SB, Inc., Chad Sanchez, and David Esquer's demurer to portions of Plaintiff's first amended complaint is overruled. Defendants Insulate SB, Inc., Chad Sanchez, and David Esquer's motion to strike portions of Plaintiff's first amended complaint is denied. Insulate SB, Inc., Chad Sanchez, and David Esquer shall file and ...
2023.07.19 Motion to Vacate Summary Judgment, Reinstate and Exonerate Bail Bond 591
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.07.19
Excerpt: ...inal case 20CR07068, American Surety Company (ASC), through its bail agent Santa Barbara Bail Bonds, issued bail bond No. AS25-319743, in the amount of $25,000.00, on behalf of criminal Defendant Craig Glardon. On August 20, 2021, Glardon failed to appear at hearing and the Court ordered forfeiture of the bail. Notice of the forfeiture was mailed to ASC and Santa Barbara Bail Bonds on August 31, 2021. After being granted an extension, ASC filed a...
2023.07.19 Motion to Strike, to Compel Responses, for Sanctions 119
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.07.19
Excerpt: ...Brown & Schwartz, Lisa J. Brown, Law Offices of Lisa J. Brown For Defendants Shoreline Farms, LLC and Aviana Kjos: Lora D. Hemphill, Hager & Dowling RULING (1) For all reasons discussed herein, the motion of Defendant Dr. Steven Goss, D.V.M., to strike portions of Plaintiff's first amended complaint is ordered off-calendar. (2) Defendant's Motion to Compel Responses to Special Interrogatories (Set One) is granted. Plaintiff shall serve complete, ...
2023.07.19 Motion to Set Aside Default, Judgment 108
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.07.19
Excerpt: ...o Defendant entered on March 20, 2023, vacated. Service of the summons on Defendant as set forth in the proof of service filed on February 23, 2023, is ordered quashed. Any response to Plaintiff's complaint or challenge to service must be filed and served on or before August 16, 2023. No request for entry of default, if appropriate, as against Defendant may be filed prior to August 17, 2023. Background This action arises out of an alleged theft o...
2023.07.12 Motion for Summary Judgment 350
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.07.12
Excerpt: ...nd Frank Alfino, jointly and severally, in the amount of $109,088.53. Plaintiff shall present to the Court a judgment for entry consistent with this order. There is a pending discovery motion to deem matters admitted that is set for hearing on July 26. This is mooted by the grant of summary judgment against these parties and that date is vacated. Similarly, trial is now moot and the trial date is vacated. Background On January 26, 2022, Plaintiff...
2023.07.12 Motion for Preliminary Approval of Class Action and PAGA Settlement 118
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.07.12
Excerpt: ...esorts, LLC. RULING The motion is granted as follows: The Court has reviewed the proposed order submitted with the motion and intends on signing the same, as modified, to include Case No. 21CV04034. The relevant terms include: (1) Preliminary approval of the settlement set forth in the Class Action and PAGA Settlement Agreement is granted; (2) The proposed settlement class is conditionally certified; (3) Carmen Martinez is appointed as the repres...
2023.07.12 Motion for Terminating Sanctions, Monetary Sanctions, or to Compel Compliance with Court Order for Deposition 421
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.07.12
Excerpt: ...st All Defendants, Or, In the Alternative, to Compel Compliance with the Court's June 21, 2023 Order Requiring Defendants to Appear for Deposition and Produce Documents. Ruling Time is of the essence; the trial date is July 26, 2023. 1. Plaintiffs' Motion for Terminating Sanctions and Monetary Sanctions [$5,312] Against All Defendants is denied. 2. Plaintiffs' Alternative Motion to Compel Compliance with the Court's June 21, 2023 Order Requiring ...
2023.07.12 Motion to Bifurcate Individual Case for Damages from Class Action for Declaratory and Injunctive Relief 820
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.07.12
Excerpt: ...is action was commenced on August 3, 2018, with the filing of Plaintiff's original complaint. The operative pleading is Plaintiff's Fourth Amended Complaint (4AC), filed February 4, 2022. It alleges that Plaintiff Grant Beall (Beall) was a tenant of 6606-6608 Del Playa, HSE, in Isla Vista, owned by Defendant Ronald L. Wolfe and Associates, Incorporated, a California Corporation dba Wolfe & Associates, Property Services (Wolfe). It is styled as a ...
2023.07.05 Motion to Set Aside Default Judgment, for Attorney Fees 430
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.07.05
Excerpt: ...ants Shari's Management Company, Shari's Management Corporation, FRI-M, LLC, and Shari's CP, LLC, to set aside the judgment, entered on December 21, 2022, and the defaults entered on November 9, 2022, and December 20, 2022, is granted. The judgment is ordered vacated, and the defaults are ordered set aside. The proposed answer attached as exhibit G to the motion is deemed filed and served as of the date of this order. (2) Attorney for Defendants,...
2023.07.05 Demurrer, Motion to Strike Punitive Damages 359
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.07.05
Excerpt: ... to strike punitive damages from Plaintiffs' complaint is denied. Defendant will file its Answer by July 25, 2023. Background This action was commenced on November 4, 2022, by the filing of the original complaint for violation of statutory obligations by Plaintiff Teddy Broussard against General Motors, LLC ("GM"). The original complaint contains the followng causes of action: (1) Violation of Civil Code section 1793.2, subdivision (D); (2) Viola...
2023.06.28 Motion to Set Aside Judgment 620
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.06.28
Excerpt: ...side the judgment pursuant to Code of Civil Procedure section 473, subdivision (d) is denied. The request to take judicial notice is granted. Plaintiff to give notice. Background This is a motion to vacate a default judgment entered in 1988. The original complaint was filed by Plaintiff Merchants Recovery Services, Inc., a collection agency, against Avery D. Ensley and Peggy R. Ensley (Ensley or Ross) asserting claims for common counts and breach...
2023.06.21 Motion for Leave to File SAP 818
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.06.21
Excerpt: ...nia RULING For all reasons discussed herein, the motion of Petitioner Coastal Ranches Conservancy for leave to file a second amended petition is granted. Petitioner shall file and serve the second amended petition, in the form attached to the motion, on or before June 28, 2023. Background In its operative first amended petition (FAP) filed on September 13, 2022, Petitioner Coastal Ranches Conservancy (the Conservancy) alleges five causes of actio...
2023.05.31 Motion to Set Aside Default, Judgment 108
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.05.31
Excerpt: ...l file and serve supplemental declarations and supplemental briefs addressing the issues discussed herein and in accordance with this ruling, on or before July 5, 2023. Background This action arises out of an alleged theft of an automobile and of bank åunds owned by Plaintiff. As alleged in the complaint filed on December 28 2022: Plaintiff is the owner of a Nissan Rogue (the vehicle). Defendant Cindy Margarita Navas Albeno aka Cindy M. Navas ak...
2023.05.31 Motion to Compel Further Responses, for Sanctions 417
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.05.31
Excerpt: ...ash Yaraghchian: Erskine Law Group, APC RULINGS For the reasons set forth herein, Plaintiffs motion to compel further responses to requests for production of documents (set one) and for sanctions is granted part and denied in part as follows: Plaintiffs motion to compel further responses to requests Nos. 16 and 19 through 32 is granted. GM shall provide verified, code compliant, further responses to RFP's 16 and 19 through 32 no later than June 1...
2023.05.31 Demurrer, Motion to Strike 157
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.05.31
Excerpt: ...ler: & Sweet, LLP For Defendant Roe 2: John C. Eck, Craig Price: Griffith & Thornburgh, LLP For Defendant Roe 4 _ Jon Daggett, Hiroshima Daggett For Defendants Roe I and Roe 3 _ No appearances RULNG (l) For all reasons discussed herein, the Court overrules the demurrer of Roe 4. (2) For all reasons discussed herein, the Court sustains the demurrer of Roe 2, in part, as to the second and fourth causes of action alleged in the first amended complai...
2023.05.24 Motion for Terminating Sanctions 421
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.05.24
Excerpt: ...d. In the alternative, monetary sanctions in the amount of S3,825.00, for failure to obey the Court's discovery order, will be awarded in favor of Plaintiff Pootie Pie Properties, LLC, and against Defendants Cameron Colvin, Ricky Lyons, and Camco Champion AQD, LLC, and their counsel Jaburg and Wilk, P.C. and Joy Bertrand, jointly and severally, to be paid to counsel for Pootie Pie Properties, LLC, on or before June 23, 2023. Background As alleged...
2023.05.17 Demurrer, Motion to Strike Punitive Damages 359
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.05.17
Excerpt: ...ed with leave to amend. This ruling is without prejudice to any future demurrer to the first amended complaint filed by Plaintiff on May 4, 2023. (2) For all reasons discussed herein, Defendant's motion to strike punitive damages from Plaintiffs complaint is granted with leave to amend. This ruling is without prejudice to a future motion to strike. Background Plaintiff Teddy Broussard filed a complaint in this matter on November 4, 2022, alleging...
2023.05.10 Special Motion to Strike 251
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.05.10
Excerpt: ...ll, Brian R Paget: Rachel M. Smith: Paladin Law Group LLP For Defendants Compass California, Inc., Melissa Birch, and Nicklas Svensson. Brian Slome, Lindsey Ball, Lewis Brisbois Bisgaard & Smith LLP For Cross-Defendants John J. Thyne III: Lacy L Taylor: Thyne Taylor Fox Howard, LLP RULNG For the reasons set forth herein, the special motion to strikeof cross-DefendantsLuis Ibarra and Karina Carrillo is denied. Cross-Defendants shall file and serve...
2023.05.03 Demurrer to FAC 698
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.05.03
Excerpt: ...For Defendant Dwight Boytis Michael David Fox RULNG For all reasons discussed herein, the demurrer of Defendant Dwight Boytis is sustained in part with leave to amend. Plaintiffs shall file and serve their second amended complaint on or before May 15, 2023. Background Plaintiffs Wendy Ventura (Ventura) and Valerie Silguero (Silguero) (collectively: Plaintiffs) filed their original complaint in this matter on May 3 2022: alleging two causes of act...
2023.05.03 Motion for Final Approval of Class Action Settlement, Attorney Fees 992
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.05.03
Excerpt: ...e G. Lara: individually: and Timothy Cabrera: individually and on behalf of the State of Califomia and on behalf of those similarly situated Daniel J _ McQueen / Nora K _ Stilestein David A. Alvarez of Sheppard, Mullin: Richter & Hampton: LLP for Defendants Pacific Diagnostic Laboratories, LLC, Cottage Health and Santa Barbara Cottage Hospital RULINGS For the reasons set forth herein, the motion for final approval of class action settlement, for ...
2023.05.03 Motion for Preliminary Approval of Class Action Settlement 892
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.05.03
Excerpt: ...intiff for preliminary approval of the class action settlement is granted. Counsel shall appear at the hearing of this motion and shall be prepared to discuss scheduling for the final approval hearing and any other matters remaining for the Court at this time. Background On February 14, 2020, Plaintiff Victoria Tice: individually and on behalf of all others similarly situated: filed her complaint against Defendant Trader Joe 's Company (TJC) asse...
2023.04.26 Special Demurrer to Abate or Stay Action 298
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.04.26
Excerpt: ...int Business Services: JoAnna L. Brooks, Nicholas Gioiello, Littler Mendelson, P_C_ RULING For all reasons discussed herein, the demurrer of Defendant FPR II, LLC, dba Leadpoint Business Services is sustained. This matter shall be stayed pending resolution of Superior Court of Santa Clara County case number 22CV408517 entitled Jennifer Montoya v. FPR II, LL.C., et aL and filed on December 16, 2022. Background On January 25 2023 Plaintiff Juan Man...
2023.04.26 Motion to Consolidate Cases 773
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.04.26
Excerpt: ...h case number 21CV02119 entitled David Matthew Kibain vs. Shoreline Farms LLC, et aL Case number 21 CV02119 is designated as the lead case. The parties shall file all documents in the lead case. The parties are further ordered to appear at the hearing and be prepared to discuss future proceedings in accordance with this Background Plaintiff David Matthew Kilrain' s operative first amended complaint (FAC) alleges a single cause of action titled pr...
2023.04.26 Motion for Summary Judgment, for Leave to Amend or Reclassify Complaint, to Consolidate Cases 119
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.04.26
Excerpt: ... George Wallace RULNG (l) For all reasons discussed herein, Defendants' motion for summary judgment is denied. (2) For all reasons discussed herein, Plaintiffs motion to amend or reclassify the third amended complaint from professional negligence to gross negligence is denied. (3) For all reasons discussed herein, Plaintiffs motion to consolidate cases is granted. This matter shall be consolidated with case number 22CV01773 entitled David Matthew...
2023.04.26 Demurrer 285
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.04.26
Excerpt: ...Compames: Great Lakes Reinsurance (UK): Lloyd' s UnderwriterSyndicate: Sompo Canopius dba Canopius Underwriting Agency Inc , Westport Insurance Corporation: and Zurich Insurance PLC Branch: Ron H. Bumov ski For Defendant Liberty Mutual Fire Insurance Company: Nicholas J _ Boos For Defendant Chubb Insurance Company of Canada: No appearance RULNG For the reasons set forth below, Defendant Lexington Insurance Company's demurer to Plaintiffs complain...
2023.04.19 Motion to Enforce Settlement Agreement and Enter Judgment 577
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.04.19
Excerpt: ...motion to enforce settlement and enter judgment and requests supplemental briefing, the Court will grant the motion, in part, and enter judgment against Defendant Andrea Leon in the amount of $2,560.25. Plaintiff shall submit a corrected proposed judgment and give notice of this ruling to Defendant at all known addresses. Background On February 14, 2022, Plaintiff Aspire General Insurance Company (Aspire) filed a complaint alleging two causes of ...
2023.04.12 Motion to Compel Further Responses 421
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.04.12
Excerpt: ...pion AQD, LLC: Joy Bertrand; Thomas S. Moring, Jaburg & Wilk, P.C. RULING (1) As set forth herein, the motion of plaintiff Pootie Pie Properties, LLC, to compel further responses to requests for admission, set one, from defendant Ricky Lyons is granted to compel further responses to requests for admission Nos. 1 through 8, 12, 15, 16, 18, 19, 21 through 35, 37 through 46, 48, and 52. The motion is denied as to further responses as to form interro...
2023.04.12 Motion to Compel Further Responses 379
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.04.12
Excerpt: ...ng, LLC, Yolanda Apodaca, Jay Konheim, and Wendy McCaw: Zachary T. Elsea, Amber Henry, Eisner, LLP RULING (1) For all reasons discussed herein, the motion of Plaintiff Oscar Chavez to compel Defendant Ampersand Publishing LLC, to serve further responses to Plaintiff's set one requests for production of documents is granted. Defendant shall serve verified further responses to Plaintiff's set one request for production of documents nos. 2, 3, 6, an...
2023.04.12 Motion for Final Approval of Class Action and PAGA Settlement 150
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.04.12
Excerpt: ... Pet Hospital, Inc. Petvet Care Centers (California), Inc., and David P. Dawson: Nancy Yaffe, Daniel V. Kitzes, Fox Rothschild LLP RULING For the reasons set forth herein, Plaintiff's motion for final approval of class action and PAGA settlement and motion for attorney fees, costs, expenses, and representative enhancement payments are each granted in accordance with this ruling. Counsel shall appear at the hearing of this motion and shall be prep...
2023.04.05 Motion to Compel Further Responses, for Monetary Sanctions 772
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.04.05
Excerpt: ... Trust dated June 2, 2004: Roben B _ Forouzandeh: Cory T _ Baker: Reicker, Pfau, Pyle & McRoy LLP RULING For all reasons discussed herein, Defendant David Back's motion to compel further responses to form interrogatories and for sanctions is granted. On or before April 15, 2023, Plaintiff Leticia Parra shall serve verified further responses to Defendant's form interrogatory Nos. 50.1 through 50.6 in accordance with this ruling and without objecti...
2023.04.05 Motion to Compel Arbitration and Stay Proceedings 583
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.04.05
Excerpt: ...aintiff and Defendants. Background Plaintiff Califomia Coastal Ventures, LLC ("CCV"') filed its operative first amended complaint ("FACE) against Defendants Coastal Holding Company, LLC ("CHC"), Coastal Mergersub 2: LLC and Julian Michalowski on December 16: 2022. As alleged in the complaint: CCV is a Califomia LLC located in San Diego Califomia_ Defendant Coastal MergerSub 2 is a Califomia LLC into which CHC merged Mith and is now CHC' s success...
2023.04.05 Anti-SLAPP Motion to Strike 133
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.04.05
Excerpt: ...drick RULING For all reasons discussed herein, the Court grants the special motion to strike of Cross- Defendants David Ormsby and Cynthia A. Ormsby, Co-Trustees of the David and Cynthia Ormsby 2019 Trust, dated April 25, 2019, in part, and orders paragraph 12 of the Cross- complaint filed by Cross-complainant Glenn J. Ritsema, as Trustee of the Glenn J. Ritsema Trust dated April 12, 2018, stricken. In addition, and for all reasons herein, the Co...

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