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2019.12.13 Demurrer 295
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.12.13
Excerpt: ... California State Lands Commission shall file an amended complaint on or before December 30, 2019. Complaint: On October 15, 2019, plaintiff California State Lands Commission (the “Commission”) filed its complaint for breach of contract, trespass, and declaratory relief against defendants Signal Hill Service, Inc.; and Pacific Operators, Inc., dba Pacific Operators Offshore, Inc. The Commission alleges: On February 29, 1968, the Commission is...
2019.12.13 Anti-SLAPP Motion to Strike 835
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.12.13
Excerpt: ...oseph Benaron and Emily Benaron reside at 9 Fellowship Circle, Santa Barbara (the Benaron Property). (Complaint, ¶ 1.) Defendants Cardilino and Frances Cardilino reside at 15 Fellowship Circle (the Cardilino Property). (Complaint, ¶ 2.) The Cardilino Property is located in the center of Fellowship Circle, with neighboring homes surrounding it. (Ibid.) The Cardilino Property faces the Benaron Property. (Ibid.) In February 2016, plaintiffs began ...
2019.11.22 Motion for Attorney Fees 303
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.11.22
Excerpt: ...ecause Edie Sedgwick was not a “deceased personality” as defined in that statute. On August 26, 2019, the court entered judgment after a court trial in favor of plaintiff. The court specifically ordered and decreed that plaintiff was the prevailing party entitled to costs of suit. On October 8, plaintiff served by mail a notice of entry of judgment and a memorandum of costs in the amount of $12,312.30 plus attorney fees in an amount to be det...
2019.11.22 Motion to Compel Neuropsychological Exam, to Continue Trial 763
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.11.22
Excerpt: ...ady included in the proposed order.) Background: This action arises out of an automobile-motorcycle collision on December 22, 2017. Plaintiff Sean Carmean alleges that defendant Martha Rodriguez caused the collision. LTK Home Care, Inc., was Rodriguez's employer at the time of the collision. Trial is set for January 10, 2020. Motion: LTK applies for an order compelling a mental examination of plaintiff by psychologist Dr. Kyle Boone, Ph.D. Carmea...
2019.11.22 Demurrer 177
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.11.22
Excerpt: ...port cardiovascular surgeons by managing the heart-lung machine during open heart surgery. On October 7, 2015, non-party Santa Barbara Cottage Hospital (“Cottage”) executed an agreement with Allied for cardiovascular perfusion services. The agreement provided that Allied would furnish perfusion personnel and perform perfusion services for Cottage for a period of five years as an independent contractor. The fees for such services were set fort...
2019.11.22 Demurrer 432
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.11.22
Excerpt: ... 7, 2019, alleging causes of action for promissory fraud, bad faith retention of security deposit, conversion, and common counts. The complaint alleges that Windrich and defendants entered into a written term lease or rental agreement for premises located at 821 Cliff Drive, No. 101, in Santa Barbara, under which Windrich agreed to pay monthly rent of $800.00, commencing June 15, 2015. Windrich deposited with defendants $1,600 as security for his...
2019.11.22 Motion for Summary Judgment 763
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.11.22
Excerpt: ...ion: LTK moves for summary judgment on the ground that Rodriguez was not acting within the scope of her employment at the time of the collision. Carmean opposes the motion. LTK's lodgment of evidence does not comply with CRC 3.1110(f)(4), which provides: “[E]lectronic exhibits must include electronic bookmarks with links to the first page of each exhibit and with bookmark titles that identify the exhibit number or letter and briefly describe th...
2019.11.22 Demurrer, Motion to Strike 673
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.11.22
Excerpt: ...ond cause of action (interference with contract), and is overruled as to the third cause of action (negligence). Plaintiff Trader Joe's Company, Inc., shall file and serve its first amended complaint on or before December 9, 2019. (2) As set forth herein, the motion of defendant Sequoia Insurance Company to strike portions of the complaint is denied in its entirety, including its request to stay proceedings. Background: This insurance dispute ari...
2019.11.15 Motion to Compel, for Sanctions, to Strike 263
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.11.15
Excerpt: ...e to amend as to this issue only, should plaintiff choose to do so, on or before November 15, 2019. The motion to strike is denied in all other respects. (c) In large part, the Court has deemed its August 9 order regarding the identical discovery devices and motions to be applicable to defendant Sierra Property Group's four motions to compel further responses to form interrogatories, special interrogatories, demands for production, and requests f...
2019.11.15 Motion for Summary Judgment, Adjudication 334
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.11.15
Excerpt: ...y of Santa Barbara as Forensic Manager in the Department of Behavior Wellness. Plaintiff was subject to a one-year probationary period. On August 12, 2016, plaintiff resigned in lieu of termination after she was informed by her supervisor that she had not met the department's performance standards and would not pass probation. During her employment, plaintiff made multiple complaints to her supervisors that the department was improperly accepting...
2019.11.8 Demurrer 637
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.11.8
Excerpt: ...al Fire & Marine Insurance Company is sustained, with leave to amend, as to the third (fraud) cause of action, and the demurrer of all demurring parties is sustained, with leave to amend, as to the seventh (negligent misrepresentation) cause of action. Plaintiff Start, Inc., shall file and serve its second amended complaint on or before November 25, 2019. Background: Plaintiff Start, Inc. (Start), owned and operated a commercial cannabis nursery ...
2019.11.8 Demurrer 364
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.11.8
Excerpt: ...nto a written lease and addendum to lease for commercial premises located at 427 State Street, Santa Barbara, California 93101. Because defendant was starting a new business, the lease payments for the first six months were at a reduced rate. Once the initial six-month trial period had elapsed, and if defendant elected to continue his tenancy, the monthly rent was increased to $6,000.00 per month, starting August 2019. Defendant continued his ten...
2019.11.8 Motion to Compel Testing Material and Raw Data from Expert Witness 941
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.11.8
Excerpt: ...aterials and data are not required to be disclosed by Dr. Stenquist to counsel. Background: This is an action arising from an automobile versus pedestrian accident in which, among other things, plaintiff Michael Hines claims damages from a traumatic brain injury. Philip K. Stenquist, Ph.D., ABCN, a psychologist, was retained by counsel for defendant Nancy Hoolahan to review records and to examine Michael Hines. (Stenquist decl., ¶ 3.) On May 21,...
2019.11.4 Motion for Summary Judgment 844
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.11.4
Excerpt: ... there are triable issues of fact as to whether defendant complied with the standard of care and/or whether defendant's conduct caused or contributed to any damages alleged by plaintiff. BACKGROUND: This is an action for alleged medical negligence. On August 17, 2017, plaintiff Norma Vences underwent a surgical procedure known as a bilateral tubal ligation at the Surgical Arts Center in Santa Barbara, California. The procedure was performed by de...
2019.11.4 Motion to Compel Discovery Responses, Request for Sanctions 937
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.11.4
Excerpt: ...a, Law Offices of Berglund & Johnson For Defendant National Railroad Passenger Corporation (Amtrak): Michael E. Murphy, Brock Christensen, Sims Law Firm, LLP TENTATIVE RULING: The motion of defendant Amtrak to compel discovery is granted in part and denied in part. The motion is granted to require a further verified written response, without objection and in a form complying with the Code of Civil Procedure, to request No. 56 of defendant Amtrak'...
2019.11.4 Motion to Quash Amendment to Complaint 871
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.11.4
Excerpt: ...nd Patricia Dark, and specially appearing for Joseph Lockhart: Michael C. Ghizzoni, Michael M. Youngdahl, Christopher E. Dawood, Office of the County Counsel TENTATIVE RULING: The motion of defendant Joseph J. Lockhart to quash the “Doe 1” amendment to the first amended complaint is granted and the amendment filed September 18, 2019, is ordered stricken. Background: On September 4, 2015, plaintiff Stacy McCrory filed her action against defend...
2019.11.1 OSC Re Preliminary Injunction 835
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.11.1
Excerpt: ...perty; (ii) From playing music at such a volume, so as to cause a nuisance and interfere with plaintiffs Joseph Benaron and Emily Benaron's use and enjoyment of their property, i.e., amplified sound shall not exceed 60dB(A) when measured outdoors at or beyond defendants' property line (Santa Barbara Municipal Code § 9.16.080 C); and (iii) From yelling or shouting at persons on plaintiffs Joseph Benaron and Emily Benaron's property. Pursuant to C...
2019.11.1 Motion to Strike Punitive Damages 261
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.11.1
Excerpt: ...n are the owners of real property located at 726 West Pedregosa Street, Santa Barbara, California. This is plaintiffs' primary residence. The property includes a separate unattached garage that has been converted into a living space with two residences. In September 2015, plaintiffs entered into a written lease with William Levi and Rachel Levi for one of the two residential units in the garage. In October 2016, plaintiffs entered into a written ...
2019.11.1 Motion for Summary Judgment 622
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.11.1
Excerpt: ...its burden of production to make a prima facie showing of the existence of a triable issue of material fact or that plaintiff is not entitled to judgment as a matter of law based on the affirmative defense, the court will grant defendant's motion for summary judgment. Background: This is a commercial unlawful detainer action, which was filed on March 26, 2019. Plaintiff Avia Spa Property, Inc. (“Avia”), filed a second amended complaint on Jun...
2019.11.1 Demurrer, Motion to Quash 106
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.11.1
Excerpt: ...Lydia Frenzie, Omayra Dominguez, and Thomas Dominguez to the complaint is overruled. Defendants Lydia Frenzie, Omayra Dominguez, and Thomas Dominguez shall file and serve their answers to the complaint on or before November 6, 2019. Background: Plaintiff Deutsche Bank National Trust Co., as trustee for the WaMu Mortgage Pass-Through Certificates, Series 2004- AR2, acquired and perfected title to real property located at 374 Cinderella Lane, Santa...
2019.10.25 Demurrer 559
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.10.25
Excerpt: ... Pedregosa Street, Santa Barbara, California. The owners of the property are defendants Astrid Nelson, individually and as trustee of the Westside Irrevocable Trust, and Clifford Nelson (together, “Nelson”). Defendant Santa Barbara Apartment Association, Inc. (“SBAA”) is a professional group of landlords and attorneys who created the form lease used in this matter. Defendant Beverly Hills (“Hills”) is a member of SBAA and the person w...
2019.10.25 Demurrer 417
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.10.25
Excerpt: ...eries of construction projects in Goleta, California. Before being hired, plaintiff was presented with a written offer of employment from defendant, which he accepted. The offer stated that plaintiff would be compensated at the rate of $17,333.34 per month, equating to an annual salary of $208,000.00 per year. The offer also stated that plaintiff would be eligible for a ten percent (10%) bonus should certain project deadlines be achieved. The bon...
2019.10.25 Motion for Summary Judgment, Adjudication 628
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.10.25
Excerpt: ...tion to Seal Court Records. The court orders that the sealed Omnibus Appendix of Exhibits that plaintiff filed under seal on September 23, 2019, shall remain under seal. However, plaintiff shall file an Amended Omnibus Appendix of Exhibits with only the “MEDICAL/MEDICAL EMERGENCY” paragraphs of pages 722 and 726 redacted. All other pages, including but not limited to pages 715, 718- 733, and 739-744, shall be not be redacted. Background: This...
2019.10.11 Motion to Quash Service of Summons 260
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.10.11
Excerpt: ...n 2013, respondent Los Meganos Homeowners' Association (“Los Meganos”) foreclosed on the condominium for nonpayment of assessment fees. That foreclosure gave rise to several lawsuits that were eventually consolidated under Santa Barbara County Superior Court Case No. 1415519, DLG Family Limited Partnership v. Los Meganos Homeowners Association. In August 2016, a global settlement of the litigation was reached at the mandatory settlement confe...
2019.10.11 Motion for Attorney Fees 820
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.10.11
Excerpt: ...nst plaintiff Kent Beall in the amount of $877.50. Background: On August 3, 2018, plaintiffs Grant Beall and Kent Beall filed their original class action complaint in this action. On September 17, 2018, without defendant having filed any response, plaintiffs filed their first amended complaint (FAC). The FAC asserted nine causes of action: (1) violation of Civil Code section 1950.5, subdivision (f)(1)—failure to disclose right of storage and fa...
2019.10.11 Motion for Approval of Class Action Settlement 838
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.10.11
Excerpt: ...the Court has had a number of concerns regarding the settlement which was entered by the parties, and the provisions it made for notification of the class. In response to its initial request for further information, the parties prevented further information, and entered into an Amendment to the Settlement Agreement, to address the Court's concerns. While information and Amendment addressed most of the Court's earlier-expressed concerns, there wer...
2019.10.4 Motion for New Trial, for Judgment Notwithstanding the Verdict, to Tax Costs 500
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.10.4
Excerpt: ...tted a Memorandum of Costs seeking $101,364.94 in costs. Through the filing of an errata which reflected the updated and accurate jury fees, once plaintiff was able to obtain the information from the court, the Jury Fee request was increased from the $3,516.60 reflected on the Memorandum of Costs, to $4,253.88, an increase of $737.28. As a result, the total amount of costs sought by plaintiff increased to $102,102.22. Defendant has filed a motion...
2019.1.25 Motion for Summary Judgment 853
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.1.25
Excerpt: ...Sanabria C. Cordova. Plaintiff alleges that it is a California nonprofit corporation doing business as Santa Barbara Green Mobile Home Park (SBGMHP). Plaintiff alleges: On September 30, 2003, defendant entered into a 12-month rental agreement for a space in SBGMHP commencing November 1, 2003. The agreement attached to the complaint as Exhibit A is signed by defendant. The signature line for “Park Management” is not signed. On September 18, 20...
2019.1.25 Motion for Sanctions 673
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.1.25
Excerpt: ...8, plaintiffs Aaron S. Holtgrewe and Erica Oxenham-Holtgrewe filed their original complaint in this action asserting two causes of action: (1) intentional trespass with damage to timber (Civ. Code, § 3346); and (2) negligent damage to property. On August 10, 2018, defendants Meridian Group Real Estate Management, Inc. (Meridian) and Jennifer A. DeSandre (collectively, demurring parties) filed their demurrer to the complaint. On September 27, 201...
2019.1.25 Motion for Protective Order 727
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2019.1.25
Excerpt: ...t, plaintiff Cynthia Ginn is a resident of San Diego County, California. In November 2012, plaintiff was convicted and sentenced to state prison for seven years and four months for driving under the influence. Plaintiff had previously been charged with and convicted of multiple DUI's over a period of several years. Following one of her earlier convictions in 2010, plaintiff had voluntarily enrolled in a rehabilitation program in an attempt to bec...
2018.8.10 OSC Re Petition for Writ of Administrative Mandate 053
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.8.10
Excerpt: ...red and Revised as of 2/5/18 and orders petitioner John Doe reinstated at the University of California, Santa Barbara, effective Fall Quarter of the 2018-2019 academic year. Respondent shall facilitate Doe's enrollment and scheduling of classes. Background: In this proceeding, petitioner John Doe, a student at the University of California Santa Barbara (“UCSB”), sought a writ of mandamus challenging his dismissal from UCSB, after he was accus...
2018.8.10 Motion for Attorney Fees 432
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.8.10
Excerpt: ...red into a written commercial lease agreement with defendants Sophan Thai and Roy Walker for premises located at 1013 State Street, Santa Barbara, California 93101. The intended use of the premises was as a beauty salon. The tenancy was for five years and the agreed upon rent was $7,400.00 per month, payable on the first of the month. Defendants frequently failed to pay the rent on time, or at all, and on March 14, 2018, plaintiff personally serv...
2018.8.10 OSC Re Sale of Dwelling 951
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.8.10
Excerpt: ... issues set forth herein together with this order and notice of continuance of the hearing on the order to show cause. Judgment debtor shall file and serve any opposition or response papers on or before August 24, 2018. Background: On May 2, 2005, plaintiff and judgment creditor Douglas J. Crawford obtained a judgment by default against defendant and judgment debtor Anthony S. Haaland in the principal amount of $75,606.00. On March 5, 2015, judgm...
2018.8.3 Demurrer 762
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.8.3
Excerpt: ... ¶ 8.) RPP accepted credit and debit cards from customers who made and make purchases at its restaurants. (Complaint, ¶ 9.) On September 30, 2017, plaintiff Douglas May used a credit card to make purchases at a RPP pizza restaurant. (Complaint, ¶ 10.) The expiration date of May's credit card was printed on the receipts generated and provided to May by RPP at the point of sale. (Complaint, ¶ 10.) RPP has printed the expiration dates of credit ...
2018.8.3 Motion for Final Approval of Class Action Settlement 471
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.8.3
Excerpt: ...ublic, and all others similarly situated, a complaint for violation of California consumer protection statutes (Civil Code §§ 1749.5 and 1750; B&P Code ¶ 17200) and for declaratory relief against defendant Aveda Experience Centers, Inc. (“Aveda”). Plaintiff alleges: She had a gift card issued by Aveda. After using the card, the balance was less than $10.00. Aveda denied plaintiff the cash balance in violation of Civil Code § 1749.5(b)(2)....
2018.8.3 Motion to Compel Responses, for Sanctions 057
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.8.3
Excerpt: ... BACKGROUND: In this action, plaintiff Buynak, Fauver, Archbald & Spray, LLP (“BFAS”) seeks to recover legal fees allegedly owed by defendants Richard Laver and Michelle Laver (“Lavers”) and their company, defendant Kate Farms, Inc. (“Kate Farms”), for legal services provided in connection with various business matters. The operative complaint is plaintiff's Second Amended Complaint (“SAC”), filed on November 30, 2017. After a suc...
2018.8.3 Motion to Compel, for Protective Order 522
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.8.3
Excerpt: ...ret and other confidential commercial information only. Counsel shall comply with CRC 3.1312 in serving and submitting the proposed order. 2. The court grants, in part, plaintiff Maribel Barrios's motion to compel further verified responses from defendant Gerber Funes Solorzano to Form Interrogatories, Set One, and orders that defendant Gerber Funes Solorzano shall, on or before August 13, 2018, provide further responses to Form Interrogatories 2...
2018.7.20 Motion to Compel Further Responses, for Leave to File Complaint 966
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.7.20
Excerpt: ...tiffs' request for monetary sanctions is denied. Trader Joe's motion for leave to file cross-complaint for indemnity and contribution is granted as set forth herein. BACKGROUND: This is an action for personal injuries arising out of an automobile versus pedestrian accident. According to the allegations, on October 8, 2016, plaintiff Matthew P. Quirk was standing in front of the entrance to defendant Trader Joe's Company, Inc.'s (“Trader Joe's�...
2018.7.20 Motion to Compel 348
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.7.20
Excerpt: ...ts business records subpoena served on third party Health Net of California, Inc. (Health Net) on January 30, 2018. (Goldstein decl., ¶¶ 3, 4 & exhibits B, C.) This is the second motion filed for this purpose. The original motion was filed on June 4, 2018, and was scheduled for hearing on July 6. On June 29, RMRC filed a notice of taking this original motion off calendar. The second motion was filed on June 28, 2018. Apart from dates, the secon...
2018.7.20 Motion for Leave to File Complaint 875
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.7.20
Excerpt: ...e July 27, 2018. Defendants shall file and serve their response to the first amended complaint on or before August 6, 2018. Background: Plaintiffs Joanne G. Ward and Alla Ratynets, trustees of the J&J Investment Trust filed their original complaint in this action on June 28, 2017, asserting seven causes of action against defendants Tower Industries, Inc., (Tower) and Tom Stull. The claims arise out of allegations that hazardous substances were le...
2018.7.20 Motion for Approval of Settlement, to Quash 531
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.7.20
Excerpt: ...ocuments pertaining to Ms. Saavedra. The documents produced shall be subject to an “attorney eyes-only” protective order. Counsel for plaintiff shall prepare an order reflecting this ruling, including the protective order, and submit it to counsel for defendant. The court fully expects the parties to agree to the terms of the order. The court denies the requests for monetary sanctions. The court grants defendant's application to file the conf...
2018.7.20 Minor's Compromise 921
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.7.20
Excerpt: ... been filed or when such verification will be filed. Background: On September 1, 2017, plaintiffs Kristy Oakley, individually and as guardian ad litem for minor plaintiff Emily Oakely, filed their complaint in this action against defendant Margaret Dent. The complaint in this action arises out of an automobile accident occurring on December 8, 2015, in which the vehicle occupied by Kristy Oakley and Emily Oakley was struck by defendant's vehicle ...
2018.7.20 Demurrer 752
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.7.20
Excerpt: ...ment (HUD) acquired ownership of residential property located at 7255 Alameda Avenue, Goleta, CA, in a foreclosure sale. The deed noting that acquisition was recorded on September 14, 2017. On February 27, 2018, HUD served a 3-day Notice to Quit and Surrender Possession and a Notice to Renters on the occupants of the property. When the occupants did not vacate the property, an unlawful detainer action was filed on March 9, 2018 (Case No. 18CV0121...
2018.7.13 OSC Re Contempt 053
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.7.13
Excerpt: ...olation of the court's Judgment Granting Petition for Writ of Administrative Mandate and make such orders as are necessary for complete enforcement of the writ. The court sets a hearing on the order to show cause for August 10, 2018, at 9:30 a.m. Respondent shall file and serve a return to this order to show cause on or before July 27 and petitioner may file and serve a response on or before August 3, 2018. The court encourages both parties to ad...
2018.7.13 Application to Appear Pro Hac Vice, Demurrer 618
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.7.13
Excerpt: ...Code, § 1750, et seq.); (2) violation of the California False Advertising Law (Bus. & Prof. Code, § 17500, et seq.); and (3) violation of the California Unfair Competition Law (Bus. & Prof. code, § 17200, et seq.) Plaintiffs allege that they each purchased a variety of salad dressing manufactured and sold by defendant Ken's Foods, Inc., based upon labels which stated that the dressings were made with olive oil. Specifically, the labels identif...
2018.7.13 Motion for Good Faith Settlement 914
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.7.13
Excerpt: ...irst Amended Complaint (FAC) on October 21, 2016. The FAC seeks damages of $159,486.43 against Chamness for various breaches of contract, including (1) failure to pay annual base rent increases, (2) failure to repair damage to the leasehold premises, including damage to the parking lot surface and sub-surface through use of heavy trucks and machinery; damage to the electrical system, in the form of the failure to restore the 200 Amp electrical pa...
2018.7.13 Motion to Compel Supplement Special Interrogatory 198
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.7.13
Excerpt: ... and Wash, Inc., if the documents have not already been produced, is granted as set forth herein. Plaintiff's request for a supplemental privilege log is denied. Plaintiff's request for monetary sanctions is denied. BACKGROUND: This case concerns a business dispute. Plaintiff Windsor Capital Group, Inc. (“Windsor”) is a real estate investment company with its principal place of business in Santa Barbara, California. Patrick Nesbitt is the fou...
2018.7.6 Demurrer 180
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.7.6
Excerpt: ...00 mortgage loan from Washington Mutual Bank, F.A., which was memorialized by a note and secured by a deed of trust on real property located at 1200 Palomino Road, Santa Barbara, California 93105. (RJN, Ex. 2.) The note and deed of trust were subsequently assigned to plaintiff LPP Mortgage, Inc. fka LPP Mortgage, Ltd. (“LPP”). (RJN, Exs. 2, 3.) In 2011, Gates defaulted on his loan payments and LPP initiated nonjudicial foreclosure proceedings...
2018.7.6 Demurrer, Motion to Strike 628
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.7.6
Excerpt: ...e their second amended complaint on or before July 23, 2018. (2) For the reasons set forth herein, the motion of defendants Skip Abed and Blue Water Boating, Inc., to strike portions of the first amended complaint is denied. (3) For the reasons set forth herein, the alternative motion of defendants Skip Abed and Blue Water Boating, Inc., to stay this action is denied. Background: As alleged in the first amended complaint (FAC): Defendant City of ...
2018.7.6 Motion to Quash Subpoena 424
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.7.6
Excerpt: ...nsel are to review the documents and, for each responsive document received, either produce the document to defendants' counsel (in whole or as redacted) or produce a detailed privilege log as to all documents (or parts thereof) not produced sufficient for the parties to the discuss the need or usefulness of the document (or redacted part thereof) to the issues in this case and the privacy interests of the document (or redacted part thereof). All...
2018.7.6 Motion to Compel Compliance with Deposition 348
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.7.6
Excerpt: ...ons against Health Net in the sum of $1,575.00, which shall be paid within ten days of the date of this order. BACKGROUND: This is an action for personal injuries arising out of a trip and fall incident that occurred on August 5, 2016 at Dock A at Lake Cachuma in Santa Barbara County. Plaintiff Rebeca Ziemniak alleges that she was walking on the dock when she fell into an open hatch or access portal and sustained serious injuries. Plaintiff alleg...
2018.6.29 Motion to Recall and Quash Writ of Execution Levy 128
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.6.29
Excerpt: ...o property located in Santa Barbara. Defendants were ultimately served by publication, and their default was entered when they failed to respond. A default judgment in the amount of $46,828.85 was entered by the court on February 23, 2017. On October 20, 2017, plaintiff assigned the judgment to Andrew Larson, d.b.a. HCR Beverly Hills. Also on that date, judgment assignee Larson filed a Declaration of Accrued interest, seeking an additional $2,155...
2018.6.29 Motion for Summary Judgment 132
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.6.29
Excerpt: ...ar Rivera. On August 30, 2013, Oscar Rivera was performing work for defendant Hillpointe Construction, Inc. (“Hillpointe”), a painting and power wash company, when he suffered fatal injuries after falling through a skylight on the roof of a commercial building located at 7406 Hollister Avenue, Goleta, California. The skylight allegedly lacked any barriers or warning signs. Hillpointe did not carry workers' compensation insurance at the time o...
2018.6.29 Motion for Judgment on the Pleadings 656
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.6.29
Excerpt: ...r and Helm filed a cross-complaint against Roberts, individually and as trustee of the Karen M. Roberts Living Trust and then a first amended cross-complaint, adding Village Properties as a cross-defendant. The operative cross-complaint is the second amended cross-complaint, to which the court sustained Village Properties' demurrer to the first four causes of action. Roberts filed a cross-complaint for implied equitable indemnity, and breach of f...
2018.6.29 Demurrer 500
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.6.29
Excerpt: ...alleged in the original complaint: Plaintiff Ziyad Ballat alleges an oral, week-to-week tenancy in real property located at 5310 Carpinteria Avenue, Apartment 1, Carpinteria (the Premises) with defendant Miguel Luis Cruz. (Complaint, ¶ 6.) A 7-day notice to quit was served on Cruz on April 24, 2018. (Complaint, ¶ 7a(6).) The notice states in relevant part: “You are hereby notified that pursuant to Civil Code § 1946, your tenancy is terminate...
2018.6.29 Demurrer 086
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.6.29
Excerpt: ...lleged in the complaint: Plaintiffs Joe Granada, Jaime Flores Polanco, Alejandro Saavedra, Estaban Mora, Ismael Rodrigues, and Eduardo Isqueda are employed by defendant Regents of the University of California (Regents) at its Santa Barbara campus. (Complaint, ¶ 8.) In March 2014, Regents hired defendant Stephen Klock as a superintendent. (Complaint, ¶¶ 9-10.) Klock continually and severely harassed plaintiffs with the intent to injure them and...
2018.6.15 Motion for Summary Judgment 038
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.6.15
Excerpt: ...omplainant Oak Creek Company: Larry W. Gabriel, Joseph Rothberg, Brutzkus Gubner TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiff and cross-defendant Mullen & Henzell for summary judgment or alternatively for summary adjudication is denied in its entirety. Background: In its second amended complaint (SAC), plaintiff and cross-defendant Mullen & Henzell, LLP (M&H or Firm) asserts seven causes of action against defendant ...
2018.6.15 Demurrer, Motion to Strike 727
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.6.15
Excerpt: .... – Los Angeles) Tentative Ruling: 1) The court sustains, in part, and overrules, in part, defendant Dennis Quinn's demurrer to plaintiff Cynthia Ginn's complaint. The court sustains the demurrer to the third cause of action, with leave to amend, and the fifth cause of action, without leave to amend. The court overrules the demurrer in all other respects. If plaintiff Cynthia Ginn elects to amend the third cause of action, she shall file and se...
2018.6.15 Motion for Matters to be Deemed Admitted, to Compel Responses, for Monetary Sanctions 718
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.6.15
Excerpt: ...Batlett) Tentative Ruling: The court orders off calendar defendant Las Casita De Voluntario's Motion for Order that Matters in Requests for Admissions (Set One) be Deemed Admitted; for Order Compelling Responses to Special Interrogatories, Form Interrogatories; and Requests for Production of Documents; and for Monetary Sanction. On October 19, 2017, plaintiff Brenda Williams sued defendant Las Casitas De Voluntario, the housing cooperative of whi...
2018.6.15 Demurrer 172
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.6.15
Excerpt: ...nt is overruled. Alcor shall file and serve its answer to the cross-complaint on or before June 25, 2018. BACKGROUND: This case concerns the remains of decedent Laurence O. Pilgeram (“Mr. Pilgeram”). According to the allegations, in October 1990, Mr. Pilgeram entered into a Cryonic Suspension Agreement with plaintiff Alcor Life Extension Foundation (“Alcor”) to have his biological remains cryogenically preserved upon his death. The cost f...
2018.6.15 Motion to Compel Further Responses, Request for Sanctions 225
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.6.15
Excerpt: ... Further Responses to Form Interrogatories, Set One; (2) Defendant's Motion to Compel Plaintiff Eric P. Hvolboll to Provide Further Responses to Requests for Production, Set One; (3) Defendant's Motion to Compel Plaintiff La Paloma Ranch, LLC to Provide Further Responses to Form Interrogatories, Set One; and (4) Defendant's Motion to Compel Plaintiff La Paloma Ranch, LLC to Provide Further Responses to Requests for Production, Set One ATTORNEYS: ...
2018.6.15 Motion to Vacate Dismissal 566
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.6.15
Excerpt: ...thia Fuentes's motion to vacate dismissal in this case and for return of security deposit, statutory penalty, and damages on illegal unit, or alternatively to enforce settlement agreement pursuant to CCP § 664.6. This case is now a limited civil action. The parties shall file any amended pleadings or cross- claims on or before June 25, 2018. At the hearing on this motion, the court will set a case management conference. Background: This case was...
2018.6.8 Claim of Exemption 128
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.6.8
Excerpt: ... he obtained the levy in the first place, or which would refute the claimant's evidence that her marriage to defendant Robert James Dahl terminated 13 year prior to the indebtedness he incurred that gave rise to this action. ...
2018.6.8 Motion to Charge Members Interest 951
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.6.8
Excerpt: ...reditor for an order charging judgment debtor's interest in Little Lucia, LLC, is granted. Background: On May 2, 2005, plaintiff Douglas J. Crawford obtained a judgment by default against defendant Anthony S. Haaland in the principal amount of $75,606.00. On March 5, 2015, judgment creditor Crawford renewed the judgment in the renewed unsatisfied amount of $149,894.00. On April 26, 2018, Crawford filed motions for: (1) an order for Haaland to tur...
2018.6.8 Motion to Continue Trial 132
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.6.8
Excerpt: ... motion dates, including any motions for summary judgment/adjudication, shall coincide with the new trial date. Textron's request to specially set its two motions for summary adjudication for July 3 or July 6, 2018, is denied. BACKGROUND: This is an action for wrongful death. Plaintiff Brandon Rivera is the son of the decedent, Oscar Rivera. On August 30, 2013, Oscar Rivera was performing work for defendant Hillpointe Construction, Inc., a painti...
2018.6.1 Motion for Attorney Fees 642
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.6.1
Excerpt: ... executed by Joseph Shippee, which contained a provision that “The undersigned understands and agrees to meet Westerlay Orchids, LP payment terms of net 30 days, to personally guarantee prompt and full payment of any and all of the obligations of the above named customer, and to pay reasonable attorney fees in the event of the default.” Avanzar did not pay Westerlay, and owed it $51,214.85. Westerlay filed this action on October 13, 2016. Ava...
2018.6.1 Demurrer, Motion to Strike 771
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.6.1
Excerpt: ... arising out of an alleged altercation occurring in Lompoc between plaintiff and defendant Marvin Orellana Galvez. (First Amended Complaint [FAC], ¶ 1.) Defendant Galvez was operating a transit truck for and owned by defendant Ramsey Asphalt Construction Corp. (Ramsey Asphalt). (FAC, ¶¶ 7, 12D.) In the original complaint, Clemens further alleges that he is a resident of San Diego County. In support of their demurrer to the complaint, defendant...
2018.6.1 Demurrer 334
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.6.1
Excerpt: ... as a Forensic Liaison in the Department of Alcohol, Drug, and Mental Health Services (ADMHS). (Complaint, ¶ 6.) On July 15, 2014, McCrory voluntarily resigned her employment with ADMHS. (Complaint, ¶ 7.) On August 17, 2015, McCrory was again hired by County, this time in the role of Forensic Manager in the Department of Behavior Wellness. (Complaint, ¶ 9.) McCrory has performed her job as Forensic Manager satisfactorily at all times. (Complai...
2018.6.1 Motion for Relief 163
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.6.1
Excerpt: ...order declaring that the debt at issue is invalid and that the recorded mechanic's lien is extinguished. Counsel for all defendants have signed the motion and expressly agree to entry of the order. The court deems this a stipulation for entry of the order and will grant the motion to enter the order in the form presented. However, the only form of the order presented to the court is as exhibit B to the declaration of attorney Raymond Chandler. Pl...
2018.6.1 Motion for Summary Judgment 310
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.6.1
Excerpt: ...nsync, et al., Case No. 30-2014- 00701147-CU-CJP, alleging that Cottage negligently disclosed on the internet various patient records for the period September 29, 2009 through December 2, 2013. The patient records contained names, addresses, telephone numbers, dates of birth, medical information, financial information, and other confidential information. The records of approximately 32,000 patients were allegedly disclosed. The Rice action allege...
2018.6.1 Motion to Compel 278
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.6.1
Excerpt: ...est for sanctions to be unwarranted and inappropriate, and denies the request. Background: Plaintiff Kim Levine, individually and as guardian ad litem for Santo Massine, brings this action against defendants Janet Berschneider, aka Jenna Berg, in her capacity as trustee of the Berg Family Trust, and Bungalow LLC. Plaintiffs began residing on the lower floor of property at 322 East Arrellaga Street in Santa Barbara on February 14, 2017. Plaintiffs...
2018.5.25 Motion to Tax Costs 536
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.5.25
Excerpt: ...Micheltorena Street. When Mr. Birdsall attempted to make a right turn onto northbound Santa Barbara Street (Santa Barbara Street is a one-way street in that area, going northbound only), his vehicle and the southbound Mr. Loza collided. Mr. Loza sustained injuries in the collision. The complaint was filed on February 3, 2017. On November 22, 2017, defendants served a settlement offer pursuant to Code of Civil Procedure section 998. The offer soug...
2018.5.25 Motion to File Complaint 436
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.5.25
Excerpt: ...t further sought reasonable attorneys' fees, and forfeiture of the agreement. A default was entered against one of the four named defendants on March 29, 2018, but was set aside by order obtained after an ex parte application, and defendants were permitted to answer on April 10, 2018. Motion: Plaintiff now seek to file a First Amended Complaint, on the ground that possession of the property is no longer at issue. Consequently, the case is no long...
2018.5.25 Motion to Compel Further Responses, Sanctions 310
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.5.25
Excerpt: ... the trial court granted terminating sanctions against Davidson, based upon her failure to respond to discovery, after several successful motions to compel. Davidson contends that defendant Hopps never advised her of the filing of the motions to compel or motion for terminating sanctions, nor did he advise her that the latter motion had been granted and the action dismissed. That dismissal was later reversed on appeal, but plaintiff in this actio...
2018.5.25 Motion for Summary Judgment, Adjudication 303
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.5.25
Excerpt: ...On December 18, 1970, Sedgwick and plaintiff David Weisman, a film producer and director, entered into a contract in which Sedgwick granted to Weisman “all rights, worldwide, in perpetuity, in media and in all means whether presently known or unknown, to the results and proceeds of [Sedgwick's] services, and grants [Weisman] the right to utilize [Sedgwick's] name, likeness and biography in connection with advertising or publicizing the motion p...
2018.5.25 Demurrer, Motion to Quash 747
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.5.25
Excerpt: ...nd: On December 20, 2017, plaintiff Rancho Las Cruces, LLC, filed a complaint in unlawful detainer. Defendant Robert Allen Ramirez filed a demurrer and motion to quash service of summons. The court sustained the demurrer with leave to amend. On April 2, 2018, plaintiff filed its Verified First Amended Complaint for Forcible Entry (“FAC”) alleging: On April 20, 2017, plaintiff was entitled to possession of real property described as APN 081-08...
2018.5.18 Motion to Compel Further Responses, Request for Production of Docs, Sanctions 225
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.5.18
Excerpt: ...as all responsive documents and any privilege log, shall be served on or before June 4, 2018. Plaintiffs are awarded monetary sanctions in the amount of $5,175.00. BACKGROUND: This is an action for personal injuries and property damage arising out of the June 2016 Sherpa Fire in Goleta, California. At the time of the fire, defendant Presbyterian Camp and Conference Centers, Inc. (“PCCC”) owned, occupied, and controlled real property located 2...
2018.5.18 Motion for Leave to File Complaint 894
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.5.18
Excerpt: ... in a collision with a GMC Sierra owned by defendant David Comer and operated by defendant Gary Kristian Comer. The complaint, filed on June 29, 2017, alleges causes of action for (1) negligence, (2) negligence per se (asserting violations by defendants of Vehicle Code sections 21650 [requiring vehicles on highways be driven on the right half of the roadway], and 22350 [basic speed law]), and (3) statutory liability of vehicle owners under Vehicl...
2018.5.18 Demurrer, Motion to Strike, to Compel 955
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.5.18
Excerpt: ...st amended complaint without leave to amend. The court overrules the demurrer in all other respects. These defendants shall file their answer to the remaining causes of action asserted against them in the first amended complaint on or before May 29, 2018. 2. The court sustains defendant Indigo European Motorcars, LLC's demurrer to the sixth and ninth causes of action in plaintiff Roy E. Stephenson's first amended complaint without leave to amend....
2018.5.18 Demurrer 644
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.5.18
Excerpt: ...s overruled. Cross- complainant shall file and serve its second amended cross-complaint on or before June 4, 2018. Background: Cross-complainant Alternative Beauty Services Ltd. (ABS or Alternative) (erroneously sued as Alternative Beauty LTD) is a top distributor of fine beauty products in Ontario, Canada. (First Amended Cross-Complaint [FACC], ¶ 2.) Cross- defendant Olaplex, LLC (Olaplex) was formed in early 2014 and launched its family of pro...

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