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2022.08.03 Demurrer, Motion to Strike 055
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.08.03
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...
2022.08.03 Demurrer 629
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.08.03
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...
2022.07.06 Motion to Transfer Case 700
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.07.06
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 ...
2022.07.06 Demurrer, Motion to Sever, to Strike 903
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.07.06
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...
2022.06.29 Demurrer, Motion to Strike 789
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.06.29
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:...
2022.06.29 Demurrer, Motion to Strike 171
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.06.29
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...
2022.06.22 Motion for Attorney Fees 600
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.06.22
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...
2022.06.22 Demurrer 171
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.06.22
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...
2022.06.15 Motion to Disqualify Counsel 700
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.06.15
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...
2022.06.15 Motion for Entry of Judgment 751
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.06.15
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...
2022.06.08 Motion to Compel Further Responses, for Leave to File FAC 306
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.06.08
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 ...
2022.06.08 Motion to Limit Deposition Subpoena for Production 542
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.06.08
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...
2022.06.08 Motion to Quash Service of Process 890
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.06.08
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...
2022.05.11 Motion to Enforce Judgment, to Set Aside Judgment 855
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.05.11
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...
2022.04.27 Motion to Compel Responses, for Sanctions 196
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.04.27
Excerpt: ...2 without objection. The request to impose sanctions on Fiore and its counsel of record Daman & Associates, LLC in the amount of $5,080 is GRANTED; said sanctions to be paid by 5/10/22. Analysis This Motion was advanced from 5/18/22 per ex parte order filed 4/18/22; the trial date is 6/1/22 and the MSC is 5/6/22; time is of the essence. Moving Papers Supported by the Declaration of Jared Katz and a Memorandum of Points and Authorities; summarized...
2022.04.27 Motion to Compel Further Responses, for Sanctions 185
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.04.27
Excerpt: ...aw Emails: [email protected]; [email protected]; lsavitt @ br gslaw.c o MATTERS (1) Plaintiff's Motion To Compel Further Responses To Requests For Production and Request F (2) Plaintiff's Motion To Compel Further Responses To Interrogatories and Request For Sancti o RULING The Court will continue the hearin g on plaintiff's motions to June 1, 2022. On or before M for the Motions to Compel Further Responses to the Requests For P...
2022.04.27 Demurrer, Motion for Preliminary Injunction 995
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.04.27
Excerpt: ...nctions RULING (1) For the reasons set forth herein, the demurrer of defendants Lil' Wave Financial dba Open Door Lending, Gillee Sherman, and Superior Loan Servicing to the complaint of plaintiff Eileen Lazar is sustained, with leave to amend, as to the second and third causes of action, and is otherwise overruled. Lazar shall file and serve her first amended complaint on or before May 12, 2022. (2) For the reasons set forth herein, the motion o...
2022.04.20 Motion to Strike 963
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.04.20
Excerpt: ...kground This action arises out of a motor vehicle accident that occurred on May 6, 2020, at the intersection of Hollister Avenue and Los Carneros Road in Goleta, California. Plaintiff George Nicholas Rogers alleges the accident was caused by defendant Gundi Birk's negligence. On May 18, 2021, plaintiff filed a complaint alleging a single cause of action for negligence against defendant. On January 6, 2022, plaintiff filed a motion for leave to fi...
2022.04.20 Motion to Compel Further Responses 056
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.04.20
Excerpt: ...laintiff's motion to compel defendant to provide further responses to Request for Production of Documents (Set 1) and for sanctions of $2,852. RULINGS The motions are denied. Background Plaintiff Ronald Heller filed this action, in pro per, against defendant Andrew B. Mitchell on May 25, 2021, alleging a cause of action for legal malpractice related to defendant's representation of him in his divorce proceedings. Mitchell answered the complaint, ...
2022.04.20 Motion for Reclassification 696
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.04.20
Excerpt: ...iffs Tonya R. Teaney and Brandon T. Mix filed a complaint for breach of contract, fraudulent conduct and bad faith against defendants Hidden Oaks Ranch, LLC (“Hidden Oaks”), The Palm Grove, LLC (“Palm Grove”), and Dennis Hoey (“Hoey”). On October 28, 2021, plaintiffs filed a First Amended Complaint (“FAC”) for breach of contract and fraudulent concealment against these same defendants. The FAC seeks economic damages in the amount ...
2022.04.20 Demurrer, Motion Re Anti-SLAPP 600
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.04.20
Excerpt: [email protected]; [email protected]; hrosin g@ klinedin RULING (1) For the reasons set forth herein, the special motion to strike (anti-SLAPP) of defendan t Delane y's first amended complaint is granted as to each cause of action and to the first a m address Timoth y Delane y's request for attorne y fees and costs in a noticed motion to be fil (2) For the reasons set forth herein, the special motion to strike (anti-SLAPP) of defendan t III, t...
2022.04.12 Petition to Compel Arbitration 869
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.04.12
Excerpt: ...titioner's individual claims, to strike class claims and allegations, and for stay of proceedings RULING For the reasons and in the manner specified below, the petition is granted. Background Plaintiff is a former employee of defendant Coastal Massage Santa Barbara (CMSB), whose president is defendant Franchesta Marbury-Hammonds (Hammonds). Defendants are owners of a Massage Envy franchise location. Plaintiff was employed as a massage therapist. ...
2022.04.12 Motion for Summary Judgment 288
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.04.12
Excerpt: ...din g Materials, LP dba Westside Buildin g Materials Ch a Emails: [email protected]; [email protected]; [email protected]; [email protected]; daniel. yana gihara @ pccci. c [email protected]; [email protected]; [email protected]; Matters Motions for Summary Judgment Þled by defendants (1) Westside and (2) Serious Rulings The Motions are GRANTED; more specifically: (1) Summary judgment is granted in Westside's favor; the Court re...
2022.04.12 Motion for Summary Adjudication 786
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.04.12
Excerpt: ... Plaintiff's Motion for Summary Adjudication Ruling 1. Evidentiary Objections on the declaration of Phyllis Noble #1. Paragraph 8, 3:14-22: Sustained #2. Paragraph 9, 3:23-27: Sustained #3. Paragraph 10, 4:1-8: Overruled #4. Paragraph 11, 4:9-14: Overruled #5. Paragraph 12, 4:15-18: Overruled #6. Paragraph 14, 4:27-28, 5:1-8: Sustained #7. Paragraph 15, 5:9-13: Sustained #8. Paragraph 17, 5:20-28, 6:1-11: Overruled #9. Paragraph 18, 6:13-15: Sust...
2022.04.12 Demurrer 540
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.04.12
Excerpt: ...ns set forth herein, the demurrer of defendants' MHC TT, L.P., and MHC NAC, L.P., to the first amended complaint of plaintiff Chelsea Cumber is overruled. Defendants shall file and serve their answers to the first amended complaint on or before April 27, 2022. Background Plaintiff Chelsea Cumber's alleges in her first amended complaint (FAC) a cause of action for premises liability and general negligence as follows: Defendants MHC NAC LP and MHC ...

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