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2021.10.15 Motion to Quash 872
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.10.15
Excerpt: ...the subject of other motions to quash pending before the court. Background: On July 21, 2021, plaintiff ROIC California, LLC, (ROIC) filed its complaint in unlawful detainer against defendant RIBCO, Inc., dba Woody's BBQ (RIBCO). The summons issued by the court with the filing of the complaint, however, provides notice to “defendant … ROIC” that it is being sued by “plaintiff … RIBCO ….” (Summons, issued July 21, 2021, p. 1 (July 21...
2021.10.15 Demurrer, Motion to Strike 113
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.10.15
Excerpt: ...ersion of bank funds and related claims. Plaintiffs are Mark Schaub (“Schaub”) and his limited liability company, TLG Ltd. (“TLG”). Defendants are Andrew Waters (“Waters”) and his limited liability companies, FCP Private, LLC (“FCP Private”) and FCP Corporate (HK) Ltd. (“FCP Corporate”). Schaub and Waters are former business associates, having first met in 2008 when both were living and doing business in Shanghai, China. Schau...
2021.10.08 Motion to Set Aside Default 727
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.10.08
Excerpt: ... she was incarcerated for violation of Vehicle Code Section 23152 (driving under the influence), defendant Stephen Tudor Crozier, a registered financial advisor, stole her identity by forging plaintiff's name on a durable power of attorney and having an acquaintance of his, defendant Dennis Quinn, a registered notary public, notarize the document, thereby granting Crozier full control over plaintiff's property. Thereafter, without plaintiff's kno...
2021.10.08 Motion for Summary Judgment 988
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.10.08
Excerpt: ...upants. Defendant Corpat, Inc., is the registered owner of that vehicle. In the course of attempting to execute a high speed turn onto Butterfly Drive, the Malibu struck plaintiff Jensen, causing serious injuries. Plaintiff named as defendants a variety of individuals and entities, including the City of San Buenaventura, its two involved police officers, the occupants and operator of the Malibu, and entities believed to have owned the rental vehi...
2021.09.24 Motions to Compel Further Responses, for Leave to File Compulsory Complaint 299
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.09.24
Excerpt: ...tigation into plaintiff's owner/operator for payroll tax evasion. Plaintiff reacted first with a cease and desist letter, dated 12/07/20, followed closely by this lawsuit and the four causes of action asserted therein, to wit: libel, false light, unfair practices, and tortious interference. Before the Court this day are three defense motions: 1. Motion to compel further responses to RPD Set 1, Nos. 1‐40, 42‐45, and 47; 2. Motion to compel fur...
2021.09.24 Motion to Seal 919
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.09.24
Excerpt: ...isclosed as public records responsive to the request here at issue. The court intends to conduct an in camera review of the records in advance of the continued hearing. Background: Petitioner Gary D. Gemberling is the successor trustee of the Melvin I. Gemberling and Catherine M. Gemberling Trust, dated June 29, 1989 (the Trust). (Verified Petition, ¶ 5.) The trustors of the Trust were petitioner's parents. (Ibid.) There is pending litigation in...
2021.09.17 Motion for Protective Order 941
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.09.17
Excerpt: ...otion “to quash” is GRANTED in part. Pertinent Background This civil action was commenced on 02/26/18 with the filing of a complaint for damages. On 01/11/19, this Court set a trial date of 05/10/19. On 02/11/19, this Court entered the parties' stipulation for a trial continuance to 11/08/19. On 03/15/19, this Court granted a defense motion to compel plaintiffs' attendance at various IMEs. Plaintiffs timely appeared as ordered, and were exami...
2021.09.17 Demurrer, Motion to Strike 825
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.09.17
Excerpt: ...t is granted in part and denied in part. The motion is granted, without leave to amend, to strike paragraph 14 of the first amended cross-complaint as the improper pleading of evidentiary matter. The motion is in all other respects denied. (3) Cross-defendant Forest Construction Co., Inc., shall file and serve its answer to the first amended cross- complaint, as it exists following the granting in part of the motion to strike, on or before Octobe...
2021.09.17 Demurrer 278
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.09.17
Excerpt: ...ackground: As alleged in plaintiffs' first amended complaint (FAC): Plaintiffs CWI Santa Barbara LP (CWI 1) and CWI 2 Santa Barbara LP (CWI 2) are affiliated limited partnerships. (FAC, ¶¶ 1, 2.) CWI 1 and CWI 2 (collectively, plaintiffs) were at all relevant times joint owners of the real property located at 9301 Hollister Avenue, Goleta, where plaintiffs operate a hotel business known as “The Ritz-Carlton Bacara, Santa Barbara.” (FAC, ¶ ...
2021.09.10 Petition for Writ of Mandate 867
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.09.10
Excerpt: ...e of the filing of this petition was a seventeen-year-old student at Westlake High School in Ventura County. Westlake High School is within the school district of respondent Conejo Valley Unified School District (“District”). At the time of the events in this case, Rilee was an honors student and co-captain of the Westlake High School Dance Team. On September 12, 2019, Rilee was summoned to the principal's office after allegedly being accused...
2021.09.10 Motion to Quash, to Seal 243
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.09.10
Excerpt: ...poration to file under seal the documents now lodged with the court conditionally under seal, consisting of the documents identified in the notice of lodgment of documents conditionally under seal, dated August 26, 2021. The court orders that those documents, and no other documents absent a prior or subsequent motion and order, to be filed under seal. The parties and their attorneys are authorized to inspect these sealed records subject to the te...
2021.09.10 Demurrer 872
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.09.10
Excerpt: ...er to the second amended complaint, as it exists following the sustaining of this demurrer, on or before September 27, 2021. Background: As alleged in plaintiffs' second amended complaint (SAC): Defendants Plains All American Pipeline, L.P., and Plains Pipeline, L.P. (collectively, Plains) own and operate a 10-mile long, 24-inch wide oil pipeline known as Line 901. (SAC, ¶¶ 2, 140.) Line 901, with its connecting Line 903 (together, the Pipeline...
2021.09.03 Demurrer 501
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.09.03
Excerpt: ...on or before September 20, 2021. Background: As alleged in plaintiff Robert Stiglmier's second amended complaint (SAC): On October 20, 2019, at approximately 11:30 p.m. to 11:45 p.m., Stiglmier was walking a bicycle on the sidewalk in the 5700 block of Hollister Avenue. (SAC, ¶ 35.) In the moments prior to walking his bicycle, Stiglmier had dismounted from the bicycle in the driveway apron for the Spud Nut Donut Shop located on Hollister Avenue....
2021.08.27 Motion to Quash Subpoenas 513
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.08.27
Excerpt: ...motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a party appears by telephone, the stipulation may be signed via fax or consent to sign given by email. If not all par...
2021.08.27 Motion for Leave to File Complaint 966
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.08.27
Excerpt: ...tanding in front of the entrance to defendant Trader Joe's Company, Inc.'s (“Trader Joe's”) store located in the Calle Real Shopping Center in Goleta when defendant Berl Golomb pulled his vehicle into a parking space directly in front of the store, allegedly at an excessive rate of speed, jumped the concrete tire stop, and struck plaintiff. The Calle Real Shopping Center is owned by defendant Earl M. Hill Family Limited Partnership (“Hill�...
2021.08.20 Petition to Confirm Arbitration Award 496
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.08.20
Excerpt: ... award. The petition noted that the matter had been arbitrated before Eric Berg, Esq. on November 5, 2019, and that an arbitration award in the amount of $8,023 was made on December 3, 2019, requiring the client (Lomeli) to pay that amount to the other party. The award also provided for the payment of interest. A copy of the award was attached to the petition. The petition alleges that the award is binding because more than 30 days passed since n...
2021.08.20 Motions to Compel Responses 906
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.08.20
Excerpt: ...nd: On February 9, 2021, defendant Donald Watson served, by electronic service, plaintiff Gregg Patronyk with Watson's first sets of special interrogatories (SI), form interrogatories (FI), and requests for production of documents (RFP). (Watson decl. re SI, ¶ 2 & exhibit A; Watson decl. re FI, ¶ 2 & exhibit A; Watson decl. re RFP, ¶ 2 & exhibit A.) No responses were received by Watson to these discovery requests. (Watson decl. re SI, ¶ 3; Wa...
2021.08.20 Demurrer 988
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.08.20
Excerpt: ...n or before August 27, 2021. Background: As alleged in plaintiff's first amended complaint (FAC): On September 4, 2018, at approximately 4:00 p.m., City of San Buenaventura (City of Ventura) police officers, defendants Derek Donswyk and Rebecca Kofman (VPD Officers) were traveling southbound on US 101 in the City of Santa Barbara. (FAC, ¶ 25.) VPD Officers were returning to their jurisdiction after having dropped a prisoner at a location outside...
2021.08.06 Motion to Compel Production of Docs, for Sanctions 559
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.08.06
Excerpt: ...d, conjunctive or disjunctive, and may not contain prefaces, instructions or subparts. CCP §2030.060. The party responding to interrogatories has an obligation to provide responses which are “as complete and straightforward” as possible, which obligates the party to make a “reasonable and good faith effort to obtain the information” from sources within its reach/control. CCP §2030.220. Even if portions of an interrogatory are objectiona...
2021.08.06 Motion to Compel Further Responses 295
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.08.06
Excerpt: ...ed a right-of-way lease to Phillips Petroleum for the construction, operation and maintenance of pipelines used to transport oil, natural gas and water from the Hogan/Houchin offshore platforms to on on-shore facility. The lease was eventually assigned to defendant Signal Hill, with a termination end date of 03/01/23. However, according to Commission, Signal Hill stopped making its annual rent payment of $57,575, and further allowed its $50,00 bo...
2021.08.06 Motion to Compel Further Responses 198
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.08.06
Excerpt: ... themselves, leaving defendant holding the proverbial empty bag. Before the Court this day is plaintiff's motion to compel a further response to Category 12 in the subpoena to defense counsel, as follows: “DOCUMENTS sufficient to determine the amount of fees ALLEN MATKINS has billed to MOLLER, the MOLLER DEFENDANTS, or any other entities controlled directly or indirectly by MOLLER since ALLEN MATKINS began representing MOLLER.” There is no do...
2021.07.30 Motion for Protective Order 042
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.07.30
Excerpt: ...of themselves itself, but at the same time may not be compound, conjunctive or disjunctive, and may not contain prefaces, instructions or subparts. CCP §2030.060. The party responding to interrogatories has an obligation to provide responses which are “as complete and straightforward” as possible, which obligates the party to make a “reasonable and good faith effort to obtain the information” from sources within its reach/control. CCP §...
2021.07.23 Demurrer 073
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.07.23
Excerpt: ... Nicole Levine dba Nicole Levine Appraisal (Levine) affixed her signature to a residential appraisal report (Appraisal) she prepared with respect to real property located at 2671 Painted Cave Road, Santa Barbara (the Property). (Complaint, ¶ 8 & exhibit 1.) The Appraisal identified the client name/intended user as Val- Chris Investments, Inc. (Val-Chris). (Ibid.) The Appraisal fell below the standard of care for professional appraisal practice b...
2021.07.23 Demurrer, Motion to Strike 941
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.07.23
Excerpt: ... and special demurrers of defendant Barbara Palomarez are sustained, without leave to amend, as to all causes of action of the complaint not otherwise stricken by this order. Background: On September 9, 2020, plaintiff Jessica Berry filed her original complaint in this action asserting seven causes of action: (1) civil rights violations; (2) theft by deception; (3) fraud; (4) grand theft; (5) sexual assault; (6) abuse of a vulnerable person; and ...
2021.07.23 Demurrers, Motions to Strike 988
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.07.23
Excerpt: ...aintiff's first amended complaint, the motion of these defendants to strike portions of the complaint is ordered off calendar as moot. (3) For the reasons set forth herein, the demurrer of defendant City of Ventura is sustained, with leave to amend, as to the fourth cause of action and is overruled as to the third cause of action. (4) For the reasons set forth herein, the demurrer of defendant Diamonte Markel Hickerson is sustained, with leave to...
2021.07.16 Motion for Summary Judgment, Adjudication, OSC Re Sanctions 313
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.07.16
Excerpt: ...-defendant Robert S. Shumake, Trustee of the Robert S. Shumake Living Trust 1994, is denied. BACKGROUND: This action concerns a lawful commercial cannabis business. Plaintiff is Robert S. Shumake, Trustee of the Robert S. Shumake Living Trust 1994 (“Shumake”). Defendants are Louis Armstrong and Associates, LLC (“LAA”), Jason Q. Wilson, Trustee of the Jason Q. Wilson Trust dated October 18, 2007 (“Wilson”), G Boys, LLC (“GBL”), Mic...
2021.07.16 Demurrer, Motion to Strike 080
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.07.16
Excerpt: ...choose to file an amended complaint, plaintiffs shall file and serve their third amended complaint on or before August 2, 2021. (2) The motion of defendants Toyota Motor Engineering & Manufacturing North America, Inc., and Toyota Motor Sales, U.S.A., Inc., to strike portions of plaintiffs' second amended complaint is granted, without leave to amend, to strike (1) paragraphs 72 to 74 as to personal injury claims of the fifth cause of action by Aus...
2021.07.16 Motions to Compel Deposition, Further Responses 857
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.07.16
Excerpt: ... verification and another seeking participation in a duly-noticed deposition. For the reasons which follow, the motions are GRANTED in part. Sitting for a Deposition Service of a notice of deposition is effective to require a party or party-affiliated witness to attend and to testify. CCP §2025.280. A party may serve written objection to the deposition notice based upon an “error or irregularity” under Article 2 of the Code. CCP §2025.410. ...
2021.07.16 Motion to Compel Arbitration 230
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.07.16
Excerpt: ...low, the arbitration clauses cannot be enforced against a nonsignatory, and even if they could the arbitration clauses are void as against public policy. The motion to compel arbitration is DENIED. Pertinent Background On 08/18/20, non-party Michael Welch entered into a written residential lease agreement with non-party Kari Gerlach for possession of property located at 3349 Cliff Drive in Santa Barbara, including “the fixtures, furnishings, an...
2021.07.16 Motion to Compel Further Responses 880
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.07.16
Excerpt: ... for breach of the written lease agreement. Before the Court this day are two defense motions seeking further responses to discovery aimed at plaintiffs' financial position. The premise behind the discovery is twofold: first, that plaintiff never had the financial wherewithal to meet its lease obligations or acquire a lucrative dental practice; and second, that plaintiff was making money through side businesses and as such fully mitigated any los...
2021.07.09 Motion to Compel Further Responses 067
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.07.09
Excerpt: ...y pertinent, plaintiff lost that wrongful death case and suffered an adverse judgment in the amount of $20M. Plaintiff then sued her lawyer, contending in general that he failed to faithfully represent, and eventually abandoned, her in that action. Before the Court this day is plaintiff's motion to compel a further response to her RPD. For the reasons which follow, the motion is continued for further meet and confer efforts, and additional limite...
2021.07.09 Motion for Summary Judgment 106
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.07.09
Excerpt: ...t forth in the evidence submitted in support of this motion: On January 9, 2019, plaintiff Deutsche Bank National Trust Company, as Trustee for the WAMU Mortgage Pass-Through Certificates, Series 2004-AR-2 (Bank) purchased real property located at 374 Cinderella Lane, Santa Barbara (Premises) at a duly noticed Trustee's sale. (Request for Judicial Notice [RJN], exhibit A.) Bank perfected its title to the Premises by recording the Trustee's Deed U...
2021.07.09 Demurrer, Motion to Quash 656
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.07.09
Excerpt: ...ase. Plaintiff California Lutheran Homes is the owner and lessor of premises located at 3883 La Cumbre Plaza Lane, Santa Barbara, California 93105. Defendant Daketta La Cumbre, LLC is the lessee of the premises. Plaintiff and defendant are both successors-in-interest to the original parties to the ground lease. The ground lease is for 50 years, with a commencement date of October 7, 1985 and an expiration date of October 6, 2035. The original mon...
2021.07.02 Motion to Quash Service of Summons 243
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.07.02
Excerpt: ...t 26, 2021. Triad Aviation shall file and serve its reply to the further supplemental opposition on or before September 2, 2021. Background: In these consolidated actions, plaintiffs assert claims of negligence and products liability arising out of a helicopter crash in Santa Barbara on May 5, 2017. On March 26, 2019, plaintiff Turner Conrad filed his original complaint in Los Angeles County Superior Court (the Los Angeles Action). On April 26, 2...
2021.07.02 Motion to Compel Arbitration 239
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.07.02
Excerpt: ... are void as against public policy. The motion to compel arbitration is DENIED. Pertinent Background On 08/18/20, non-party Michael Welch entered into a written residential lease agreement with non-party Kari Gerlach for possession of property located at 3349 Cliff Drive in Santa Barbara, including “the fixtures, furnishings, and equipment located within” (hereinafter referred to as the “Vacation Property”). The salient terms of the lease...
2021.06.25 Motion for Protective Order 727
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.06.25
Excerpt: ...order regarding her upcoming deposition. As will be explained, the motion is premature, and as such the only relief which could be awarded would be the appointment of a limited purpose referee to officiate the deposition. While it seems this would be an ideal solution, without a stipulation, the evidence presented does not rise to that level. Pertinent Factual Background On 10/29/17, plaintiff commenced the within civil with a 35-page complaint n...
2021.06.25 Motion for Attorney Fees 178
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.06.25
Excerpt: ...n of this action, upon the filing of a further appropriate motion for award of attorneys' fees. Motion: Plaintiff Nicole Nagel was successful in obtaining a reversal on appeal of the trial court's order dismissing the fraudulent transfer and conspiracy action, after it granted a motion for judgment on the pleadings. As a judgment creditor, she now seeks attorneys' fees incurred on appeal against all defendants except judgment debtors Tracy A. Wes...
2021.06.18 Motions to Compel Further Responses 820
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.06.18
Excerpt: ...osition of abandoned belongings. Before the Court this day are two discovery motions by plaintiff. The gravamen of the current dispute, which is ongoing from prior disputes, is what to make of defendant's “random sampling” of tenant files (volunteered to avoid a wholesale disclosure) in light of defendant's refusal to commit to its representativeness. While this Court can certainly understand defendant's reluctance, the proffer of a sampling ...
2021.06.18 Demurrer 891
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.06.18
Excerpt: ...osian. Defendant is the Goleta Union School District (“GUSD”). On November 7, 2019, plaintiff was visiting her grandson at Kellogg Elementary School (“Kellogg”), located at 475 N. Cambridge Drive, Goleta, California 93117, when she stepped into an open trench with no protective barrier near the bike rack and fell, fracturing her left ankle. On November 8, 2019, plaintiff submitted an injury report to GUSD. On May 7, 2020, plaintiff submit...
2021.06.18 Demurrer, Motion to Strike 628
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.06.18
Excerpt: ...laint is denied. BACKGROUND: This action arises out of a failed personal and business relationship between plaintiff Kenneth W. Sterling and defendant Stephanie Liu. Plaintiff and defendant first met in August 2018, when plaintiff, a divorcee, was 52 and defendant was 28. Plaintiff is the owner of Big Speak, Inc., a California corporation engaged in the business of providing speakers and leadership training to large companies. Plaintiff is also a...
2021.06.11 Motion to Sever Trial of Alter Ego Issues 429
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.06.11
Excerpt: ...e followed immediately, as appropriate, with a second phase of trial to address the remaining issue of alter ego liability. Background: Plaintiff Russell Steiner, Trustee of the R. C. Steiner Living Trust dated April 14, 2009, (Steiner) is a SantaBarbara resident. Defendant Tenpenny Construction Company, Inc. (TCC) is a general building contractor.Defendant Donald Stanley Tenpenny (Tenpenny) is the Chief Executive Officer and President of TCC. On...
2021.06.11 Motion for Leave to File SAC 057
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.06.11
Excerpt: ...owned residential property at 550 Paso Robles Drive, in Santa Barbara, and have access to that property from Paso Robles Drive. To the rear of their property is a roadway owned by defendant Westmont (Road Parcel), which provides multiple properties with access to Stoddard Lane, including some which have Stoddard Lane addresses. In 2006, the DiBartolomeos were granted an easement over the Road Parcel by Westmont, in order to access the rear of the...
2021.06.04 Motion for Summary Judgment 955
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.06.04
Excerpt: ...e Code section 11711. It alleges that as a condition of obtaining a license form the California DMV to sell vehicles, DEM was required by Vehicle Code section 11710 to obtain, and did obtain, a surety bond in the amount of $50,000 from CorePointe Insurance LLC dba CorePointe Insurance Company (CorePointe). CorePointe issued Dealer Surety Bond No. 60041, effective 2/5/13, to DEM, and this surety bond was in effect on the date of the incidents alle...
2021.06.04 Motion for Judgment on the Pleadings 464
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.06.04
Excerpt: ...kground: Petitioners Jack Wall and Wall Family Trust are the owners of a 101.95-acre parcel of real property within Hollister Ranch and identified as Hollister Ranch Parcel 36 (APN 083-670-011) (the Property) in Santa Barbara County. (Administrative Record [AR] 3 [the point citation reference is to the AR page number with leading zeros omitted].) (Note: The exact designation of ownership is not specified in the moving papers. The Wall Family Trus...
2021.06.04 Demurrer, Motion to Strike 113
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.06.04
Excerpt: ...njunctive relief is granted. BACKGROUND: This is an action for alleged conversion of funds. Plaintiffs are Mark Schaub and his limited liability company, TLG Ltd. Defendants are Andrew Waters and his limited liability company, FCP Corporate Ltd. Schaub and Waters are long-time friends and business associates. In July 2019, approximately $1.9 million in funds belonging to plaintiffs were transferred to two separate accounts controlled by defendant...
2021.06.04 Demurrer 235
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.06.04
Excerpt: ...On January 13, 2020, plaintiffs filed this action, alleging causes of action for trespass, negligence, private nuisance, and public nuisance. As against demurring defendant Ed St. George, the original complaint alleged that he formerly was an owner of the property at 6653 Del Playa Drive, and that he (along with other defendants alleged to have been, at various times, owners of that property) caused to be built, installed, repaired, maintained, a...
2021.05.21 Motion for Judgment on the Pleadings 746
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.05.21
Excerpt: ...nded complaint, she may do so on or before June 4, 2021. Background: On April 6, 2018, plaintiff Lynn Behrens Zimmerman, individually and as executor of the estate of Clarke Paxton, filed her original complaint in this action. The complaint asserts eleven causes of action: (1) violation of the Garn-St. Germain Act/RESPA; (2) breach of contract; (3) violation of FDCPA (15 U.S.C. § 1692f(6)); (4) wrongful foreclosure; (5) violation of the Californ...
2021.05.21 Anti-SLAPP Motion to Strike, Petition for Workplace Violence Restraining Order 989
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.05.21
Excerpt: ...t) filed its petition for workplace violence restraining orders pursuant to Code of Civil Procedure section 527.8 against respondent Amanda Rowan. (Note: District's name as set forth in paragraph 1a of the petition contains a typographic error omitting the letter “a” from the word “Elementary,” which error has been carried over into the title of the case in documents filed with the court.) Rowan is a parent of a student at District's scho...
2021.05.21 Demurrer 619
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.05.21
Excerpt: ...od and Andra A. Macleod (plaintiffs) allege that on July 12, 2019, they applied for a conventional adjustable-rate refinance first-lien position mortgage loan in the principal amount of $1,125,000 in order to consolidate some of their existing debt, and provide a substantial amount of cash-out. They allege that they were misled by a bait-and-switch tactic used by defendants North Capital Mortgage (North Capital) and Ajay Khatri (Khatri), and rece...
2021.05.21 Motion for Reconsideration 373
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.05.21
Excerpt: ... and constructive discharge from employment. Plaintiff is Chelsea Herzog. Defendants are plaintiff's former employer, NuSil Technology, Inc. and her former supervisor, Michal Wadsworth. On January 19, 2021, plaintiff brought a motion to compel NuSil's Person Most Knowledgeable, Carrie Flood, to submit to a third deposition session, claiming that Ms. Flood was not prepared to testify on the issues for which she was designated and did not produce d...
2021.05.21 Motion to Amend 909
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.05.21
Excerpt: ...erence is scheduled simultaneously with the hearing on this motion, and the parties should be prepared to discuss the time necessary to conclude all remaining discovery and possible trial dates for the easement related issues. No award of costs of defense of the new claims will be made. Background: Plaintiff Arthur Joseph LaCerte Survivor's Trust dated July 11, 2018 (Trust), through Cotrustees Arthur Joseph Lacerte and Dominique R. Lacerte (the L...
2021.05.21 Motions to Compel Further Responses 396
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.05.21
Excerpt: ...tion about those in the gym's control group. Plaintiff's motion to compel from defendant Banos disclosure of his home address is GRANTED in part. This Court finds that, on balance, plaintiff's interest in the information outweighs defendant's privacy interests therein, but that the information must be provided “off the record” as defense counsel offered within 20 days. Sanctions are denied. Plaintiff's motion for further responses to SRogs No...
2021.05.14 Motion to Vacate Default Judgment 445
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.05.14
Excerpt: ...nd defendant (as landlord) entered into a written residential lease agreement for certain premises located on Campanil Drive in Santa Barbara. Pursuant thereto, plaintiff tendered to defendant a security deposit in the amount of $19,990.00. On 12/08/09, plaintiff surrendered the premises after giving a 30-day notice. Thereafter, the parties engaged in email correspondence regarding the condition of the property and defendant's perceived right to ...
2021.05.14 Motion to Strike or Dismiss Complaint 803
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.05.14
Excerpt: ...aintiff's complaint: Plaintiff Alexander Plurad Lazo (Lazo) is the brother-in-law of defendant Marina Dacuycuy (Dacuycuy). (Complaint, ¶ 11.) Lazo and Dacuycuy were involved in a consensual affair when they both lived in Oslo, Norway, in 2013. (Ibid.) In June 2020, Dacuycuy accused Lazo of reporting Sonny Acosta and Maribel Acosta to the Santa Maria Police Department for elder abuse of Sophie Vea, an elderly relative whose husband had just passe...
2021.05.14 Motion to Strike 069
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.05.14
Excerpt: ...ckground: (1) Allegations of Complaint As alleged in plaintiffs' complaint: Plaintiff Maribel Acosta (Maribel) is a registered nurse. (Complaint, ¶ 12.) (Note: Because multiple parties share common surnames, the court follows the practice of the parties and refers to the parties by their first names. No disrespect is intended.) Maribel is also the great niece of defendants Ernie S. Vea (Ernie) and Sophie Vea (Sophie) and the sister of plaintiff ...
2021.05.14 Motion to Quash, to Seal 243
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.05.14
Excerpt: ... on or before June 18, 2021. (2) For the reasons set forth herein, the motion of defendant Triad Aviation, Inc., to quash service of summons as to plaintiffs Courtney Crosby and Turner Conrad is continued to July 2, 2021. Plaintiffs shall file and serve supplemental opposition on or before June 4, 2021. Triad shall file and serve its supplemental reply on or before June 18, 2021. (3) As set forth herein, the court grants the motion of defendant A...
2021.05.07 Motion to Enforce Judgment 044
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.05.07
Excerpt: ...trative appeal of his termination, the Civil Service Commission found in its decision entered on February 6, 2017: “Based on the foregoing conduct and findings, the Commission determines that the policy violations R.K. committed do not warrant discharge because they were not as serious as the deliberate use of excessive force and because he has an exemplary record, with nor prior discipline, during his over ten year of service. These are signif...
2021.05.07 Motion for Preliminary Injunction 974
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.05.07
Excerpt: ...int for Partition and Sale of Real Property and Accounting (“FAC”), filed on September 21, 2020. Defendant filed his verified answer to the FAC on October 21, 2020, and has cross-complained against plaintiff for (1) recovery of gifts made in contemplation of marriage (Civ. Code §1590), (2) resulting trust, (3) unjust enrichment, (4) accounting, (5) quiet title, and (6) declaratory relief. As alleged in the pleadings, in 2012 plaintiff and de...
2021.05.07 Demurrer 872
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.05.07
Excerpt: ...egligent interference with prospective economic advantage), and is sustained, with leave to amend, as to the third cause of action (inverse condemnation). Plaintiffs shall file and serve their second amended complaint on or before May 24, 2021. Background: As alleged in plaintiffs' first amended complaint (FAC): Defendants Plains All American Pipeline, L.P., and Plains Pipeline, L.P. (collectively, Plains) own and operate a 10-mile long, 24-inch ...
2021.04.16 Demurrer 772
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.04.16
Excerpt: ...��Casa Blanca”) is a homeowners' association that holds title to the common area in a common interest development that includes eight residences on Tract No. 14026, which abuts the ocean near Carpinteria, California. On May 23, 1990, defendant County of Santa Barbara (“County”) issued a permit to Casa Blanca's predecessor-in-interest, Frank Serena Construction and Development, Inc. (“Serena”), to construct eight residences and a common ...
2021.04.16 Demurrer 295
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.04.16
Excerpt: ...ile and serve their fourth amended cross- complaint on or before May 3, 2021. Background: As alleged in the third amended cross-complaint (TACC) of Signal Hill Service, Inc., (Signal Hill) and Carone Petroleum Corporation (Carone): On July 28, 1964, the State of California, acting by and through plaintiff and cross-defendant the State Lands Commission (Commission), entered into Oil and Gas Lease No. P.R.C. 3150.1 with Standard Oil Company of Cali...
2021.04.09 Demurrer 501
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.04.09
Excerpt: ...obert Stiglmier's first amended complaint (FAC): On October 20, 2019, Stiglmier was the subject of a traffic stop that took place on the sidewalk at 5710 Hollister Avenue, Goleta, at 11:45 p.m. (FAC, ¶ 15.) Stiglmier was stopped for allegedly riding a bicycle on the sidewalk, having no light devices on the bicycle at night, and misappropriation of lost property, i.e., the bicycle Stiglmier was riding. (FAC, ¶ 16.) Stiglmier cooperated with defe...
2021.04.09 Motion to Set Aside Default, Judgment 105
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.04.09
Excerpt: ...te McWeeney was employed by Mr. Gelb as property manager of the properties and was responsible for overseeing maintenance and repair requests, showing rental units to prospective tenants, and collecting rent from existing tenants, among other tasks. When plaintiff purchased the properties, it hired defendant to continue her pre- existing duties as property manager. On June 23, 2018, plaintiff terminated defendant after she was observed removing c...
2021.04.09 Motion to Vacate 445
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.04.09
Excerpt: ...r before April 22, 2021. The deadlines for filing and service of opposition and reply to the motion are as set forth in Code of Civil Procedure section 1005, subdivision (b) based upon the May 14 hearing date. Background: On December 30, 2013, plaintiff Alek Haimovici filed his original complaint for breach of contract and conversion of security deposit in this limited civil case. Haimovici's counsel of record is attorney Stuart J. Zajic, whose p...
2021.04.02 Motion to Vacate Dismissal and Enter Judgment 544
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.04.02
Excerpt: ...cted the amount due, owing, and unpaid as $5,254.58. The parties settled the action in September 2019, through execution of a Stipulation for Conditional Entry of Judgment. Pursuant to the settlement agreement, plaintiff would accept payments from defendant totaling $3,600, consisting of the $5,254.58 in total principal at the time of suit, $283.13 in court costs, and settlement forgiveness totaling ($1,937.71). Defendant would make monthly payme...
2021.04.02 Demurrer 872
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.04.02
Excerpt: ...April 23, 2021. The hearing on this matter is continued to April 30, 2021, at 10:00 a.m. Background: As alleged in plaintiffs' first amended complaint (FAC): Defendants Plains All American Pipeline, L.P., and Plains Pipeline, L.P. (collectively, Plains) own and operate a 10-mile long, 24-inch wide oil pipeline known as Line 901. (FAC, ¶¶ 2, 140.) Line 901, with its connecting Line 903 (together, the Pipeline), constitute the only permissible ro...
2021.03.12 Motions to Strike 266
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.03.12
Excerpt: ...vide the requisite 45 days' notice. BACKGROUND: Plaintiff La Casa De La Raza (“La Casa”) is a nonprofit corporation and the owner of real property located at 601 E. Montecito Street, Santa Barbara, California 93013 (the “Property”). Defendant Tomas Castelo (“Castelo”) is one of the original founders of La Casa and the owner of defendant MLG Leasing, Inc. (“MLG”). In 2015, La Casa obtained a loan in the amount of $440,000.00 from F...
2021.03.12 Motion to Set Aside 265
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.03.12
Excerpt: ...supplemental information on or before March 29, 2021. Plaintiff shall provide defendant with notice of the contents of this ruling, and of the continued hearing date, forthwith. Background: This is a collections action, which was settled between the parties on September 14, 2018. The parties entered into a Settlement Agreement, in which defendant Angela Lopez stipulated that she owed plaintiff the sum of $3,291.87, agreed to make payments of $100...
2021.03.12 Motion for Summary Judgment 662
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.03.12
Excerpt: ...redit card agreement. Defendant used the credit card to purchase goods, services, and/or for cash advances. In exchange for use of the credit card, defendant agreed to repay the principal along with interest and other charges. On August 12, 2019, defendant breached the credit card agreement by failing to remit any further payments on the account. There is currently due and owing to plaintiff the sum of $19,235.50, plus interest and attorney's fee...
2021.03.05 Motion to Amend Complaint 429
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.03.05
Excerpt: ...ction Company, Inc. is a general building contractor. Defendant Donald Stanley Tenpenny is the Chief Executive Officer and President of Tenpenny Construction. On December 19, 2016, plaintiff entered into a written agreement with Tenpenny Construction for construction of a custom-built home located at 1425 Mission Ridge Road, Santa Barbara, California 93103. Plaintiff alleges that Tenpenny Construction breached agreement by, among other things, fa...
2021.03.05 Motion for Attorney Fees 618
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.03.05
Excerpt: ...er to the date of payment, December 16, 2020, in the amount of $59,343.87. The court will award plaintiffs Erikka Skinner and Ann Kenney $106,110 in attorney fees for appellate counsel's work on the appeal, $16,975 in attorney fees for the motion, and costs of $2,129.59. The parties may address this portion of the ruling at the March 5 hearing. The court continues the hearing to March 19, 2021, at 10:00 a.m., solely for consideration of the amoun...
2021.03.05 Demurrers, Motion to Strike 470
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.03.05
Excerpt: ...amend, to the third amended complaint and to each cause of action therein against this defendant. (3) Based upon the sustaining of the demurrer of defendant Asian Pacific Health Care Venture, Inc., to each cause of action, the motion of that defendant to strike portions of the complaint is ordered off calendar as moot. Background: (1) Allegations of Third Amended Complaint Plaintiff Max Hennard and defendant Dana Cook are parties to a family law ...
2021.03.05 Demurrer 235
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.03.05
Excerpt: ...ortions of property located at 6663 Del Playa Drive (owned by plaintiffs), and 6653 Del Playa Drive, in the Isla Vista area of Goleta, failed and collapsed onto the beach below. On January 13, 2020, plaintiffs filed this action, alleging causes of action for trespass, negligence, private nuisance, and public nuisance. As against demurring defendant Ed St. George, the complaint alleged that he formerly was an owner of the property at 6653 Del Play...
2021.02.26 Motion to Compel Further Responses 155
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.02.26
Excerpt: ...tember 14, 2019 on State Route 154. Plaintiff was a passenger in a vehicle operated by Enrique Calderon-Mendez. Defendant Javier Jonathan Antunez was the operator of a vehicle owned by defendant Esther Emiko Trejo-Takembaiyee and in which Trejo-Takembaiyee was a passenger. The accident occurred when the Antunez vehicle crossed over the double yellow line and collided with the Calderon-Mendez vehicle in which plaintiff was a passenger. A third veh...
2021.02.26 Motion to Compel Deposition, for Monetary Sanctions 373
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.02.26
Excerpt: ... Plaintiff alleges that she is disabled and that she was harassed, discriminated against, and constructively terminated by defendants because of her disabilities. On June 27, 2019, plaintiff filed her complaint, alleging eighteen causes of action, including claims for actual and perceived disability harassment, discrimination, and retaliation in violation of Government Code Section 12940 et seq., failure to accommodate, intentional infliction of ...
2021.02.26 Motion to Set Aside and Vacate Defaults 304
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.02.26
Excerpt: ... against defendants Rok Solid Exploration & Recovery, LLC, and Johnathan Kendrick. Plaintiff alleges: Rok Solid entered into a written contract with Aqueous to perform subsea services in connection with Rok Solid's venture to recover gold from a sunken ship off the California coast near Oceanside. Aqueos perfomed those services and the unpaid balance of the amounts charged is $185,449. Aqueous alleges that Rok Solid is the alter ego of Kendrick. ...
2021.02.26 Motions to Compel Further Responses 429
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.02.26
Excerpt: ... as to privilege and in a form complying with the Code of Civil Procedure, to special interrogatories Nos. 40 through 46, subject to the court's protective order. In all other respects, including all requests for sanctions, the motion is denied. (2) As set forth herein, the motion of plaintiff to compel further responses to special interrogatories from defendant Donald Stanley Tenpenny is granted in part and denied in part. On or before March 15,...
2021.02.26 Motion to Quash, to Seal 243
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.02.26
Excerpt: ...of defendant Avco Corporation to quash service of summons as to plaintiff Turner Conrad is continued to April 30, 2021. The court will not resolve the motion at that time, but will set a further date at that hearing. (3) As set forth herein, the court grants the motion of defendant Avco Corporation to file under seal the documents now lodged with the court conditionally under seal on February 4, 2021, consisting of exhibits 5, 6, and 7 to the dec...
2021.02.05 Motions to Compel Further Responses 429
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.02.05
Excerpt: ... responses to requests for production and to produce documents (set two) and motion to compel both defendants to provide further responses to special interrogatories, which are actually four motions, to February 26, 2021, at 10:00 a.m. On or before February 11, 2021, plaintiff shall pay two additional filing fees to have the motions heard or shall withdraw one of the motions, which is actually two motions. Plaintiff shall file a notice with the c...
2021.02.05 Motions for Good Faith Settlement 894
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.02.05
Excerpt: ...Code of Civil Procedure section 877 and 877.6. The Clerk of the Court is ordered to permanently delete the Declaration of Andrew Waugh lodged provisionally under seal with the court on January 21, 2021, from the court's electronic record as provided by California Rules of Court, rule 2.551(b)(6)(2). Background: On November 4, 2019, plaintiffs Jenny Belforte and Todd Belforte, individually and as guardians ad litem for John Doe and James Doe, file...
2021.02.05 Motion to Compel Further Responses 954
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.02.05
Excerpt: ...related material for defendant Greg Smorodinsky pursuant to Evid. Code §§ 1043 and 1045. Defendant Regents of the University of California shall, on or before February 19, 2021, produce to the court, for in camera review pursuant to Evid. Code § 1045(b) and (c), information in the personnel file of Greg Smorodinsky and other records that include all complaints and disciplinary documents from 2015 to present relating to complaints against Smoro...
2021.02.05 Motion to Compel Further Responses 820
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.02.05
Excerpt: ...nt at real property located at 6606-6608 Del Playa, Isla Vista, California (the “Property”). The Property is owned by defendant Ronald L. Wolfe and Associates Incorporated. Plaintiff's tenancy at the Property was pursuant to a written lease. Plaintiff alleges that he was served with a termination notice that did not contain the required information under Civil Code Section 1950.5 relating to abandoned personal property. Plaintiff left persona...
2021.01.29 Motion for Summary Judgment 727
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.01.29
Excerpt: ...age on May 23, 2014, in Isla Vista, California, perpetrated by Elliot Rodger, who killed six people and injured fourteen others before committing suicide. Three of Rodger's victims were killed inside the Capri Apartments located at 6598 Seville Road in Isla Vista. On November 20, 2015, the heirs of the three victims killed inside the Capri Apartments filed a wrongful death action entitled Junan Chen, et al. v. Hi Desert Mobile Home Park, L.P., et...
2021.01.29 Motion for Protective Order 955
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.01.29
Excerpt: ...orsche 911 Carrera S. Cabriolet from defendant Desert European Motorcars, Ltd (“DEM”) in 2013. Defendants Wayne Bernstein, Shad Scheussler, and Larry Py all worked for DEM as salespersons or managers at the time of the sale. Defendant AmTrust Financial Services, Inc. (“AmTrust”) is the parent company of the surety that issued a performance bond to DEM. Plaintiff alleges that DEM conspired with defendant Porsche Cars North America (“PCNA...
2021.01.29 Motion for Leave to File SAC 772
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.01.29
Excerpt: ...ent, Inc. (Serena), the predecessor in interest of plaintiff Casa Blanca Beach Estate Owners' Association (Casa Blanca) offered to dedicate to defendant County of Santa Barbara (County) a lateral access easement five feet in width as shown on the lateral access easement exhibit map dated May 23, 1990. The OTD was a condition of approval of the Casa Blanca Final Development Plan permitting the construction of eight residences and a common area lot...
2021.01.29 Demurrers, Motion to Strike 591
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.01.29
Excerpt: ...Family Trust. B. The court overrules defendant Skylar L. Gauss's demurrer to plaintiffs' second amended complaint. C. The court grants, in part, defendant Skylar L. Gauss's motion to strike portions of plaintiffs' second amended complaint. The court grants the motion to strike from the SAC the words “an exclusive” from ¶77; and the words “had exclusive possession and use of all water flowing to Subject Spring” in ¶111, without leave to ...
2021.01.22 Motions to Compel Production of Docs and Requests for Admissions 857
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.01.22
Excerpt: ...interrogatories, form interrogatories, requests for production of documents, and requests for admission. The motion is in all other respects denied. The denial of monetary sanctions in each motion is without prejudice to asserting a claim for monetary sanctions in a subsequent motion arising out of the same discovery at issue in these motions, which claim includes attorney fees and costs sought in these motions. Background: On February 14, 2019, ...
2021.01.22 Motion for Consolidation 637
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.01.22
Excerpt: ...nt Royal & Sun Alliance Ins. PLC (Royal & Sun) to cover the mother plants at the facility. It obtained commercial property, business personal property, and business income insurance from defendant National Fire & Marine Ins. Co. (National Fire) As it described the business in the two actions, Start operated a large-scale cannabis nursery which grew mother plants, clones, and teens. Fresh tips from mother plan branches were nurtured for up to 30 d...
2021.01.21 Demurrer 683
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.01.21
Excerpt: ...ondominium—4700 Sandyland, Unit 24, in Carpinteria. The lease was for a six-month term and monthly rent was $1,500. The lease provided that, if defendant held over after expiration of the lease term, a month-to-month tenancy would be created at a monthly rent of $3,500 per month. Plaintiff alleges: The tenancy is not subject to the Tenant Protection Act of 2019 (Civil Code § 1946.2) (“TPA”). On October 7, 2020, plaintiff served defendant w...
2021.01.21 Motions for Good Faith Settlement 894
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.01.21
Excerpt: ...nically) file or lodge provisionally under seal the confidential non-monetary terms of the settlement for the court's review on or before January 29, 2021. Background: On November 4, 2019, plaintiffs Jenny Belforte and Todd Belforte, individually and as guardians ad litem for John Doe and James Doe, filed their original complaint in this action against defendants The Regents of the University of California (Regents), Kesem, Andrew Waugh, Courtney...
2021.01.21 Motion to Compel Further Responses, for Protective Order 866
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.01.21
Excerpt: ...sts for Production ## 4, 6-10, 28, and 29, with employee identification and contact information redacted. The court orders defendant to provide a further response to Request for Production #5, on or before March 15, 2021, with names and contact information for Covered Employees who did not opt out after the procedure set forth in this ruling. Background: Plaintiff Jack Chavez brings this putative wage and hour class action against defendant Anaca...
2021.01.08 Motions to Compel Deposition 373
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.01.08
Excerpt: ...inated because of her alleged disabilities. Plaintiff worked for NuSil Technology for about two years as an Analytical Technician. Plaintiff's complaint alleges eighteen causes of action, including claims for disability discrimination, harassment, retaliation, failure to accommodate, intentional infliction of emotional distress, and constructive wrongful termination. Defendants deny the allegations. The complaint was filed on June 27, 2019. The t...
2021.01.08 Motion to Disqualify Mediator 857
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.01.08
Excerpt: ...ress and defamation. The complaint identifies Channe G. Coles of the Law Office of Channe G. Coles as counsel for plaintiff Foschini. On April 24, 2019, without any response having been filed, Foschini filed his first amended complaint (FAC) alleging the same causes of action. Both the original complaint and the FAC assert claims arising out of allegations of conduct by Foschini towards Ananda communicated in social media and Ananda's conduct tow...
2021.01.08 Motion to Approve Minor Compromises 096
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.01.08
Excerpt: ...hen his vehicle crossed over the center line and collided head-on with the vehicle driven by plaintiff James Lechuga, and in which Jennifer Lechuga and minors Jeffrey and Joey Lechuga were passengers. The Luchuga family members each sustained personal injuries in the collision. The action has now settled for a total payment to the Lechugas of $100,000, consisting of funds both from defendant Cortes Perez and the Estate of Martha Quintana, and fro...
2021.01.08 Demurrer, Motion to Strike 877
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.01.08
Excerpt: ...rve her answer to the complaint on or before January 22, 2021. BACKGROUND: This is a landlord/tenant dispute involving real property located at 1034 Neil Park Avenue, Santa Barbara, California 93103 (the “Property”). Plaintiffs Bruno Lopez and Griselda Lopez are tenants of the Property. Defendant Tricia Rush is the owner and manager of the Property. Plaintiffs took possession of the Property on January 1, 2017 pursuant to a written rental agr...
2020.12.18 Motion to Quash 373
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.12.18
Excerpt: ...ourt at this time, and will be resolved, if necessary, in any future motion by plaintiff to compel compliance with the production demand. BACKGROUND: In this action, plaintiff Chelsea Herzog has sued her former employer, defendant NuSil Technology, LLC, and her former supervisor, defendant Michal Wadsworth, claiming that she was harassed, discriminated against, and constructively terminated because of her alleged disabilities. Plaintiff worked fo...
2020.12.18 Motion to Compel Arbitration 197
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.12.18
Excerpt: ...ted in Carpinteria, California. Cate School is a customer of defendant TriNet HRIII-A, Inc. and its affiliated company defendant TriNet Group, Inc. (together, “TriNet”). Panadero worked as a Spanish-language teacher for Cate School from 2003 until she was terminated at the end of the 2018/2019 academic year. On January 10, 2020, Panadero filed her complaint, alleging various Labor Code and Fair Employment and Housing Act (“FEHA”) causes o...
2020.12.18 Motion for Judgment on the Pleadings 955
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.12.18
Excerpt: ...leadings as to Defendant Porsche Cars North America, Inc.'s Five Affirmative Defenses to Plaintiff's Second Amended Verified Complaint as follows: the court grants the motion for judgment on the pleadings as to defendant Porsche Cars North America, Inc.'s first affirmative defense without leave to amend; and the court denies the motion in all other respects. Background: In his second amended verified complaint (SAC), plaintiff Roy E. Stephenson a...
2020.12.18 Demurrer, Motion to Strike 067
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.12.18
Excerpt: ...ff Shante Chappell's first amended complaint, with leave to amend, and overrules the demurrer to the second cause of action. 2. The court denies defendants Thomas Miles Phillips and The Phillips Firm's motion to strike portions of plaintiff Shante Chappell's first amended complaint. Background: On November 12, 2019, plaintiff Shante Chappell filed a complaint against defendants Thomas Miles Phillips (Phillips) and The Phillips Firm in the Ventura...
2020.12.11 Motion to Invalidate Opt-Out Forms and Curative Notice 986
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.12.11
Excerpt: ...mer employees the notice described in this ruling. Background: This is a putative class action wage and hour lawsuit brought by plaintiff Jorge Delgado, individually and on behalf of others similarly situated, against his former employer, defendant SBBC Brewhouse, LLC. Defendant employed plaintiff from 2003 to December 2018 doing cleaning, dishwashing, stocking, and food preparation. Plaintiff alleges that he was paid overtime wages only when he ...

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