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2024.05.03 Motion for Summary Judgment 272
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.05.03
Excerpt: ... For Defendant Jonathan Walter Espinoza : Self Represented For Defendant Sergio Morales dba Sergio's Roofing and Rain Gu t t e r : No appearance TEN TATIVE RULIN G : Plaintiff's motion for summary judgment is granted as to defendant Jonathan Walter Espinoza. Background: O n M a r c h 2 9 , 2 0 2 1 , p la in t if f Br id g e r Cla im s Se r v ic e s , LLC (BCS), f ile d it s complaint in this matter alleging that it had in effect an automobile ins...
2024.05.03 Motion for Attorney Fees 147
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.05.03
Excerpt: ...VE RULIN G : For all reasons discussed herein, the motion of defendant for attorney's fees and costs is granted. The court awards attorney fees in the amount of $16,425 in favor of defendant Evan Graves and against plaintiff Alexander Alobeydi. Background: On September 25, 2023, plaintiff Alexander Alobeydi (Alobeydi) filed a complaint in this matter against defendant Evan Graves (Graves), alleging nine causes of action: (1) assault; (2) battery;...
2024.05.03 Motion for Approval to Dismiss 317
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.05.03
Excerpt: ...y plaintiffs Michael Dennis and all those similarly situated against defendants Ralph T. Ianelli, Essex Capital Corporation (“Essex”), and Does 1 through 30. The c o m p la in t is a class action and sets forth causes of action for: (1) Negligence; (2) Vio la t io n o f Ca lif o r n ia Se c u r it y La w s ; (3 ) N e g lig e n c e P e r Se ; (4 ) Fr a u d ; a n d (5 ) F in a n c ia l Eld e r Ab u s e . On October 11, 2023, plaintiffs substitu...
2024.04.26 Motion to Strike 736
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.04.26
Excerpt: ... Ch r is t in a Th o m a s a n d Ale xa n d r e H o r t (c o lle c t iv e ly “p la in t if f s ”) against defendants Jill Dore Kent and Martin Mielko (collectively “defendants”) setting forth 10 caus es of action. On August 8, 2023, plaintiffs filed their first amended complaint. On October 23, 2023, plaintiffs filed their second amended complaint (“SAC”) setting forth causes of action for: (1) Breach of contract; (2) Violation of Sta...
2024.04.26 Motion to Enforce 595
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.04.26
Excerpt: ...Multiservice Santa Barbara, LLC seeking injunctive relief for alleged violations of the Immigration Consultant Act. On December 5, 2023, plaintiff made a settlement offer that included enjoining defendants from further violations of the Immigration Consultant Act and payment of fees and costs in the amount of $12,500.00. (Brown Dec., ¶ 1 & Exh. 1.) Defendant accepted the o ffe r. (Bro w n D e c ., ¶ 2 & Exh . 2 .) On January 10, 2024, the parti...
2024.04.26 Motion for Summary Judgment 245
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.04.26
Excerpt: ... cross- actions arise out of the ownership of real property located at 1790 Eucalyptus Hill Road, Santa Barbara (the Property) by plaintiff, cross-defendant, and cross -c o m p la in a n t Alis o n E. Chase and defendant , c r o s s-complainant, and cross -defendant Brian M. Metcalf. (1 ) P r o c e d u r a l H is t o r y On June 7, 2021, Chase filed her original complaint in this action asserting a cause of act ion for part it ion sale of the Pro...
2024.04.26 Motion for Judgment on the Pleadings 612
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.04.26
Excerpt: ...Santa Barbara (the City) in the City Administrator's Office from December 1998 until her resignation in 2022. (Complaint, ¶ ¶ 1, 17, 40.) As alleged in the complaint, during Johnson's e m p lo y m e n t w it h t h e Cit y , s h e w a s r e s p o n s ib le f o r h ig h v is ib ilit y , h ig h -le v e l, a n d complex assignments on behalf of the City Administrator and City Council which involved directing interdepa rtmental teams, serving as the...
2024.04.26 Motion for Determination of Good Faith Settlement 346
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.04.26
Excerpt: ...0 1 9 , b y t h e f ilin g o f t h e c o m p la in t b y plaintiffs John C. Ellsworth and Janice L. Ellsworth as Trustees of the Casa Gran Vista Revocable Trust against defendants Sierra Pacific Windows (“Sierra”) and Ken Taub dba KT Constru ction Company (“KT”) setting forth causes of action for: (1) Negligence; (2) Negligence per se; (3) Breach of contract; (4) Breach of implied and express warranties; and (5) Breach of implied warranti...
2024.04.26 Demurrer 374
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.04.26
Excerpt: ...nt, if any, on or before May 6, 2024. Background: Th e f ir s t a m e n d e d c o m p la in t (F AC) f ile d b y p la in t if f Lilly Te is h e r in t h is m a t t e r o n December 22, 2023, is the operative pleading. As alleged in the FAC: Defendant Sigma Nu, Kappa Eta Chapter (Kappa Eta) is a branch of defendant Sigma Nu Fraternity, Inc. (Sigma Nu National) that operates a fraternity house located at 6587 Del Playa Drive in Goleta, California (...
2024.04.19 Motion for Attorney Fees 056
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.04.19
Excerpt: ...n (plaintiff) and against defendants Lucas Carl Steuber and Estelle Lynn Konrad (defendants) in the total amount of $8,096.97. (Ferns decl., ¶ 3 & exhibit 1.) The Oregon Judgment includes an award of at t orne y fe e s. ( Ib id .) On June 2, 2022, a judgment was entered in this court as a sister -state judgment based upon the Oregon Judgment, and including accrued interest, in the amount of $9,781.61. On July 26, 2022, the court issued a writ of...
2024.04.19 Motion for Judgment on the Pleadings 556
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.04.19
Excerpt: ... filed a complaint against defendant Covenant Living West, Inc. (Covenant Living) asserting seven causes of action: (1) failure to provide meal and rest periods (Lab. Code, §§ 226.7 & 512; IWC wage orde rs); (2) failure to pay overtime wages (Lab. Code, § 510 et seq.); (3) failure to pay final wages (Lab. Code, §§ 201, 202, 203); (4) failure to provide accurate itemized wage statements (Lab. Code, §§ 226, 1174); (5) failure to pay wages wh...
2024.04.19 Motion for Summary Judgment 250
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.04.19
Excerpt: ... of California (University) as an Assistant Coach for Cross County and Track & Field (Distance). (Plaintiff's Response Separate Statement [PSS], undisputed fact 1.) Track and Field and Cross Country are two separate subsets of the same program. (PSS, undisputed fact 2.) In 2018, the Director of Track and Field and Cross County was Peter Dolan. (PSS, fact 18 [undisputed on this point].) Dolan oversaw both Cross Country and Track and Field subsets ...
2024.04.19 Motion for Summary Judgment 501
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.04.19
Excerpt: ...e r f ile d h is f ir s t a m e n d e d c o m p la in t (FAC). Th e FAC a s s e r t e d e ig h t c a u s e s o f a c t io n : (1 ) f a ls e a r r e s t ; (2 ) f a ls e im p r is o n m e n t ; (3 ) n e g lig e n c e ; (4 ) b a t t e r y ; (5 ) in t e n t io n a l in f lic t io n o f e m o t io n a l d is t r e s s ; (6 ) v io la t io n o f s t a t u t o r y d u t y t o properly train officers; (7) violation of statutory duty to properly supervise ...
2024.04.19 Motion to Vacate Summary Judgment, Reinstate, and Exonerate Bail Bond 612
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.04.19
Excerpt: ...nt Marlon Anibal Valle -M e jia (“Va lle -M e jia ”). On July 19, 2022, Valle -Mejia failed to appear in court for a preliminary hearing. A bench warrant was issued, and the matter was continued. On August 8, 2022, Va lle -Mejia again failed to appear for a preliminary hearing and the matter was again continued. On August 29, 2022, Valle -Mejia again failed to appear in court and the bail was ordered forfeited. Notice was mailed to ASC on Aug...
2024.04.19 Motions to Compel Further Responses 348
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.04.19
Excerpt: ... documents are each denied. Background: As a lle g e d in t h e c o m p la in t f ile d in t h is m a t t e r o n Ap r il 3 , 2 0 2 3 , b y p la in t if f J o h n Doe: In August 2014, plaintiff was hired to work at defendant Norman's Nursery, Inc. (NNI). (Compl., ¶ 12.) Defendant Cuauhtemoc Rodriguez (Rodriguez) was p la in t if f 's s u p e r v is o r . ( Id . at ¶ 13.) Rodriguez constantly made sexual comments about plaintiff and was reported...
2024.04.19 OSC Re Sanctions 207
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.04.19
Excerpt: ...ered to give notice of the court's ruling herein. Background: Plaintiff Fernando Castro-Ra m ir e z f ile d a c o m p la in t in t h is m a t t e r o n O c t o b e r 2 6 , 2022, alleging five causes of action against defendant General Motors, LLC (GM): (1 ) v io la t io n o f Civ il Co d e s e c t io n 1 7 9 3 .2 , s u b d iv is io n (d ); (2 ) v io la t io n o f Civ il Code sect ion 1793.2, subdivision (b); (3) violation of Civil Code section 17...
2024.04.05 Motion to Strike, to Seal, for Attorney Fees 147
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.04.05
Excerpt: ...n d a n t is d e n ie d as to the ninth cause of action alleged in plaintiff's complaint. (2) For all reasons discussed herein, the motion of plaintiff to seal the declaration of Alexander Alobeydi is granted. The declaration of Alexander Alobeydi lodged conditionally under seal on February 20, 2024, is ordered filed under seal. No ot he r court records or records relating to the case are to be sealed at this stage of the proceedings. Only the co...
2024.04.05 Motion to Set Aside Entry of Default 161
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.04.05
Excerpt: ...or assault, battery, in t e n t io n a l in f lic t io n o f e m o t io n a l d is t r e s s , a n d n e g lig e n c e . As alleged in the complaint: On May 19, 2022, at 20 Winchester Canyon Road, Goleta, plaintiff was approached by defendant, who is taller and heavier than plaintiff, wherein an argument ensued, and defendant picked plaintiff up and dropped him to the floor causing injuries. (Complaint, ¶ 4.) Defendant was served with the summon...
2024.04.05 Motion to Dismiss Class Member 317
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.04.05
Excerpt: ... as the status of the District Court case, no later than April 17, 2024. 3. P la in t if f s h a ll p r o v id e n o t ic e o f t h is r u lin g t o a ll p a r t ie s . Background: Th is a c t io n c o m m e n c e d o n J u ly 3 , 2 0 1 8 , b y t h e f ilin g o f t h e o r ig in a l c o m p la in t b y plaintiffs Michael Dennis and all those similarly situated against defendants Ralph T. Ianelli, Essex Capital Corporation (“Essex”), and Does ...
2024.03.29 Motion to Compel Arbitration 162
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.03.29
Excerpt: ...anta Barbara County Flood Control and Water Conservation District for a Water Supply” (the State W ate r Cont ract ) which provi ded for the allocation, conveyance, and delivery of water through the State Water Project (SWP) in exchange for payments by defendant Santa Barbara County Flood Control and Water Conservation District (District) to the State. (Defendant's Response Separate Statement [DSS], undisputed fact 1.) (Note: The operative plea...
2024.03.29 Motion for Summary Judgment 432
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.03.29
Excerpt: ...anta Barbara County Flood Control and Water Conservation District for a Water Supply” (the State W ate r Cont ract ) which provi ded for the allocation, conveyance, and delivery of water through the State Water Project (SWP) in exchange for payments by defendant Santa Barbara County Flood Control and Water Conservation District (District) to the State. (Defendant's Response Separate Statement [DSS], undisputed fact 1.) (Note: The operative plea...
2024.03.29 Motion for Determination of Good Faith Settlement 346
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.03.29
Excerpt: .... shall revise the proposed order to reflect that the application for determination of good faith settlement was challenged. Background: Th is a c t io n c o m m e n c e d o n M a y 2 , 2 0 1 9 , b y t h e f ilin g o f t h e c o m p la in t b y plaintiffs John C. Ellsworth and Janice L. Ellsworth as Trustees of the Casa Gran Vista Revocable Trust against defendants Sierra Pacific Windows (“Sierra”) and Ken Taub dba KT Construction Company (�...
2024.03.22 Motion to Vacate Summary Judgment, Reinstate, and Exonerate Bail Bond 612
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.03.22
Excerpt: ...ff County of Santa Barbara: Rachel Van Mullem, Daniel Lopez For Defendant American Surety Company: John M. Ro r a b a u g h TEN TATIVE RULIN G : American Surety Company's motion to vacate summary judgment, reinstate, and exonerate bail bond is denied. Background: On July 16, 2021, in criminal case No. 21CR05624, defendant American Surety Company (“ASC”) posted bond number AS100 -161926, in the amount of $100,000.00, for the release of crimina...
2024.03.22 Motion to File Records Under Seal 612
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.03.22
Excerpt: ...r Seal 2. Nina Johnson's Motion to File Records Under Seal 3. City Of Santa Barbara's Motion for Judgment on the P le a d in g s ATTO RN EYS : Fo r P la in t iff Nin a J o h n s o n : Christina A. Humphrey, Robert N. Fis h e r , Ch r is t in a H u m p h r e y La w , P .C. For Defendant City of Santa Barbara: Sa ra h J. Kn e c h t , To m R. Shapiro, John S. Doimas, Office of the City Attorney TEN TATIVE RULIN G : For all reasons discussed herein: ...
2024.03.22 Motion to Compel Further Responses 207
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.03.22
Excerpt: ...RN EYS : For Pla int iff Ferna ndo Ca st ro -Ra m ir e z : Nancy Zhang, Corinna Jiang, Consumer Law Experts, PC For Defendant General Mot ors, LLC : Mary Are ns McBride , Ryan Kay, Erskine Law Gr o u p , P C TEN TATIVE RULIN G : (1) For all reasons discussed herein, the motion of plaintiff to compel further responses and documents to plaintiff's request for production of documents, set o n e , is d e n ie d w it h o u t p r e ju d ic e . (2) Plai...

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