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775 Results
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2022.03.04 Demurrer 501
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.03.04
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.03.04
Excerpt: ...is fourth amended complaint on or before March 21, 2022. Leave to amend is limited to amendments to the causes of action to which the court sustains the demurrer; to the extent plaintiff seeks to add any additional causes of action, plaintiff must make a noticed motion seeking leave to amend as provided in California Rules of Court, rule 3.1324. Background: As alleged in plaintiff Robert Stiglmier's third amended complaint (TAC): On October 20, 2...
2022.02.25 OSC Re Sanctions, Motion to Compel Further Responses 645
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.02.25
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.02.25
Excerpt: ... Raytheon Company to serve further verified responses, without objection except as to privilege, on or before March 14, 2022, to request Nos. 96 through 105. To the extent that defendant asserts an objection on the grounds of privilege, defendant shall also serve a privilege log identifying each responsive document withheld on the ground of privilege and the request(s) for which the document is responsive, and providing sufficient additional info...
2022.02.25 Motion to Compel Responses 042
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.02.25
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.02.25
Excerpt: ...sician assistant. Defendant is Cottage Health (“Cottage”), a California corporation doing business in Santa Barbara, California. Plaintiff was first hired by Cottage as a physician assistant in pediatric surgery in July 2009 and worked for Cottage for more than a decade. In November 2017, Cottage hired Dr. Robert Kanard as its Chief of Pediatric Surgery. As the only pediatric surgical physician assistant at Cottage, plaintiff assisted Dr. Kan...
2022.02.25 Motion for Preference 013
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.02.25
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.02.25
Excerpt: ... the left cheek, causing severe facial injuries. The operative First Amended Complaint, filed April 5, 2021, alleges causes of action for strict liability and negligence against the Hill defendants based upon the bite inflicted by their dog, and a cause of action for negligence against Cordero, based upon her failure to exercise reasonable care for Carter when she allowed him to come in contact with Dakota Hill and Tsuki at the beach. All defenda...
2022.02.25 Motion for Attorney Fees 720
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.02.25
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.02.25
Excerpt: ...,000. Plaintiff landlords served a sixty-day notice of termination of tenancy upon defendant tenants. The notice was personally served upon defendant Martha A. Toledo-Aguilar on July 15, 2021, and substitute served upon defendants Jesus Rodriguez-Santa Cruz and Nayely Rodriguez-Toledo, through such service on Martha A. Toledo-Aguilar. The notice set forth the basis of the termination as plaintiff's intent to have the premises occupied by their ch...
2022.02.18 Motion to Strike, for Terminating Sanctions 877
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.02.18
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.02.18
Excerpt: ..., 2022, to March 18, 2022, to permit defendants an opportunity to evaluate whether they wish to proceed with the motion in its current form, or to withdraw it and potentially file a new motion to reflect the current posture of the case. If defendants determine that they will go forward on that date with the motion in its current form, they must advise plaintiff of that fact no later than Monday, February 28, 2022, in order for plaintiff to have s...
2022.02.18 Motion for Good Faith Settlement 943
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.02.18
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.02.18
Excerpt: ...ipuedes, Santa Barbara, California. Both buildings are Quonset structures, which are lightweight prefabricated structures of corrugated galvanized steel with semi-circular cross-sections. On February 17, 2015, plaintiff entered into a written agreement with defendant Burke Advisors, Inc., dba Burke Construction Advisors (“Burke Construction”), a licensed general contractor, for work on the exterior of the buildings, including installing new c...
2022.02.18 Demurrer 155
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.02.18
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.02.18
Excerpt: ...ire Wiswall, PA-C (“Wiswall”). As alleged in the complaint, plaintiff consulted Wiswall of Santa Barbara Skin Care for dermatological care and removal of a mole on her nose. Wiswall advised plaintiff that her mole could not be reduced or removed through laser treatments and referred plaintiff to Sheffield, a dermatologist and surgeon, also with Santa Barbara Skin Care. Thereafter, Sheffield performed two surgeries on plaintiff's nose, the fir...
2022.02.04 Motion to Transfer 938
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.02.04
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.02.04
Excerpt: ...ocedure section 399. Background: Plaintiffs Craig Jenkins (Jenkins) and BC Entertainment, Inc. (BDC) filed this action on September 14, 2020, against defendants Fornati Kumeh (Kumeh), Results May Vary, LLC (RMV), and ENT Legends Concerts, LLC (ENT). It alleges that this court is the proper court because a defendant entered into the contract here, and the contract was to be performed here. The complaint alleges causes of action for breach of contr...
2022.02.04 Demurrer 245
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.02.04
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.02.04
Excerpt: ...ichment is overruled. Plaintiff's demurrer to defendant's third and tenth causes of action for negligence and equitable indemnity is sustained without leave to amend. Plaintiff shall file and serve her answer to defendant's first amended cross-complaint or before February 14, 2022. BACKGROUND: This is an action for partition by sale of real property. Plaintiff is Alison E. Chase. Defendants are Brian M. Metcalf and Pentagon Federal Credit Union. ...
2022.01.28 Demurrers, Motions to Strike 988
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.01.28
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.01.28
Excerpt: ...ded complaint is granted in part and denied in part. The motion is granted, without leave to amend but without prejudice to later motions as set forth herein, to strike the prayers for punitive damages and for attorney fees (SAC, prayer, 2d cause of action, ¶¶ 4, 5) to the extent such prayers apply to defendant Hickerson. In all other respects, the motion is denied. (3) For the reasons set forth herein, the motion of defendant Derrick John Thom...
2022.01.28 Motion for Summary Judgment 617
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.01.28
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.01.28
Excerpt: ...,” in the principal amount of $237,673.42, inclusive of prejudgment interest. Plaintiff shall submit a judgment to be entered by the court consistent with this ruling. Background: On March 1, 2019, defendantSon Van Duong, an individual doing business under the fictitious business name “Golden Nails and Spa,” and plaintiff Levon Investments, LLC (Levon) entered into a written Shopping Center Lease (Lease) for the premises located at 904 Ranc...
2022.01.28 Motion to Vacate Default 333
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.01.28
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.01.28
Excerpt: ...nce, totaling 462,473 Swedish Crowns. At some point in time, she is alleged to have stopped making payments on the loans. On December 24, 2020, the Kingdom of Sweden, on behalf of the Swedish Board of Student Finance, filed the current action, alleging causes of action for breach of contract and common count for money lent. The complaint alleges that Tornqvist repaid only 45,476 Swedish Crowns. As of October 29, 2020, Tornqvist owed the sum of 88...
2022.01.21 Motions to Stay 048
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.01.21
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.01.21
Excerpt: ...rk, et al., v. Golomb, et al., case No. 17CV00966 (the Negligence Action), filed on March 6, 2017. In the Negligence Action, plaintiffs Matthew and Erin Quirk allege that Matthew Quirk was walking on the sidewalk in front of Trader Joe's market when a Toyota vehicle operated by defendant Berl Golumb struck him, taking him crashing through the glass front doors to the interior of the market. (Negligence Action Complaint, ¶ 11.) The Quirks further...
2022.01.21 Motion to Compel Deposition 421
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.01.21
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.01.21
Excerpt: ...lizabeth Orr was driving directly behind the Vaughn vehicle. The Orr vehicle allegedly impacted with the Vaughn vehicle which, in turn, impacted with plaintiff's vehicle. Plaintiff filed his complaint on July 28, 2020, naming as defendants the operators and owners of the adverse vehicles. The Vaughn defendants were dismissed, without prejudice, on November 9, 2020. In the aftermath of the accident, plaintiff has undergone surgeries to the lumbar ...
2022.01.21 Demurrer, Motion to Strike 999
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.01.21
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.01.21
Excerpt: ...ce and breach of fiduciary duty. Plaintiffs are Tony Huang, G25 Ventures LLC, and ST Management LLC (together, “Plaintiffs”). Defendants are Peter Candy and the law firm of Hollister & Brace, APC (together, “Defendants”). In August 2017, following passage of the California Medical Marijuana Regulation and Safety Act (the “Act”), Plaintiffs started cultivating medical marijuana on real property they leased at 5892 Via Real, Carpinteria...
2022.01.14 Motions to Compel Further Responses 324
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.01.14
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.01.14
Excerpt: ... Defendant takes issue with supplemental responses to Form Interrogatories Series 8, but those are not expressly set out in the Notice of Motion or the Separate Statement as being subject to this motion. There is also reference to a “Supplemental RPD” but that too is not clearly framed by the Notice or the Separate Statement. The basic purpose of discovery is to take the “game” element out of trial preparation by enabling parties to obtai...
2022.01.14 Motion for Summary Judgment 984
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.01.14
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.01.14
Excerpt: ...ndants. Within the premises liability cause of action, plaintiff alleged: "Defendants and DOES 1 TO 50 owned and/or controlled certain real property located at 5088 Rhoads Ave., Santa Barbara, CA. Defendants owed Plaintiff a duty to maintain their property in a safe condition, and to abate the same and/or warn the public. Defendants breached said duties by maintaining their walkway in an unsafe condition, posing a significant trip hazard. Plainti...
2022.01.14 Demurrer, Motion to Strike, for Attorney Fees, to Tax Costs 505
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.01.14
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.01.14
Excerpt: ...rike portions of plaintiff's first amended complaint is denied. BACKGROUND: This dispute arises out of the demolition, remediation, and restoration of the Gaviota Marine Terminal (the “Project”) in Goleta, California, a 42-acre site that had been used as an oil pipeline terminal and petroleum processing facility. In 2015, the owner of the property was ordered to remediate all contamination at the site and retained defendants AECOM, Inc. and A...
2022.01.07 Motion to Quash 906
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.01.07
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.01.07
Excerpt: ...e filing of the motion, defendant has voluntarily withdrawn the subpoena and issued a new subpoena – which defendant describes as “mooting” the current motion. Yes and No. On 09/29/21, defendant caused to be served upon the custodian of records for American Medical Response a deposition subpoena for “all records” relating to plaintiff “from 01/01/07 through present.” Given that the subject incident occurred in July of 2017, and a pa...
2022.01.07 Motion to Amend Complaint 820
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.01.07
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.01.07
Excerpt: ...t Ronald L. Wolfe and Associates Incorporated. Plaintiff resided at the Property pursuant to a written lease. Subsequently, plaintiff was served with a notice of termination of his tenancy. Plaintiff alleges that the termination notice did not contain the required information under Civil Code Section 1950.5 relating to a tenant's right to reclaim abandoned personal property left at the premises. Plaintiff left personal property at his unit that w...
2022.01.07 Motion for Summary Judgment 313
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.01.07
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.01.07
Excerpt: ...d cross-complainant Louis Armstrong and Associates, LLC (“LAA”), a commercial cannabis business in Carpinteria, California. Plaintiff and cross-defendant Robert S. Shumake Living Trust (“Shumake Trust”) and defendants Jason Q. Wilson, Trustee of the Jason Q. Wilson Trust dated October 18, 2007 (“Wilson”), G Boys, LLC (“GBL”), Michael DeSalvo (“DeSalvo”), 2017 Lone Star Properties, Inc. (“Lone Star”), and Pacific First Capi...
2022.01.07 Motion for Evidence and Issue Preclusion Sanctions 299
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.01.07
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.01.07
Excerpt: ...intiff'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 various civil claims for damages. On 09/24/21, defendant came to this Court, seeking judicial intervention for plaintiff's alleged failure to provide good faith responses to defendant's first and second sets of requests for production of documents (Set 1 Nos. 1-40, 42-45, 47; Set 2 Nos. 48-5...
2022.01.07 Demurrer, Motion to Strike 719
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.01.07
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.01.07
Excerpt: ...rer is sustained without leave to amend. Defendant's motion to strike portions of the complaint is moot given the ruling on his demurrer. BACKGROUND: Plaintiff Eric Tobler was the son of Waldo Tobler (“Waldo”) and his first wife. Waldo and his first wife had a second son, Stephen Tobler, who is not a party to this action. Waldo died in February 2018. At the time of his death, Waldo's estate consisted principally of a single family home in Gol...
2021.12.17 Demurrer 544
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.12.17
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.12.17
Excerpt: ...owner of real property located at 5171 San Vicente, Santa Barbara (the Premises). (Complaint, ¶¶ 1, 2a(3), 3, 4.) Defendant Yolanda Frink is a tenant at the Premises pursuant to a written agreement (the Agreement) with decedent Leroy W. Noyes, Sr. (Complaint, ¶ 6 & exhibit 1.) Plaintiff alleges that the Agreement is the product of fraud or undue influence based upon the conclusive presumption of Probate Code section 21380. (Complaint, attachme...
2021.12.17 Demurrer, Motion to Strike 719
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.12.17
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.12.17
Excerpt: ...strike portions of the complaint is moot given the ruling on his demurrer. BACKGROUND: Plaintiff Eric Tobler was the son of Waldo Tobler (“Waldo”) and his first wife. Waldo and his first wife had a second son, Stephen Tobler, who is not a party to this action. Waldo died in February 2018. At the time of his death, Waldo's estate consisted principally of a single family home in Goleta, which was held in a revocable living trust he had with his...
2021.12.17 Motion to Compel Compliance with Business Records Subpoena 918
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.12.17
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.12.17
Excerpt: ... The accident involved a vehicle driven by plaintiff Jamie Stewart (“Stewart”), who was in the course and scope of her employment and was insured for worker's compensation by plaintiff Sedgwick Claims Management Services (“Sedgwick”), and a vehicle driven by defendant Julijs Alfreds Zemjanis (“Zemjanis”), which was owned by defendant Factory Appliance, Inc. (“Factory Appliance”). Stewart alleges that Zemjanis was driving at an exc...
2021.12.10 Motion to Quash 872
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.12.10
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.12.10
Excerpt: ...ia, 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, provided notice to “defendant … ROIC” that it is being sued by “plaintiff … Ribco ….” (Summons, issued July 21, 2021, p. 1 (July 21 Summons).) According to the proof of service filed July 30, 2021, the July 21 Summons was served, together with the ...
2021.12.10 Demurrer 250
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.12.10
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.12.10
Excerpt: ...e Estate of Melody Ramsay, the owner of the Premises. Defendants are Christopher Shemet, Timothy Giles, Olivia Wilhelmson, Enrique Alcantar, and Alfonso Alcantar. For nearly twenty years, Melody Ramsay and Shemet resided at the Premises, though they were never married and were not registered domestic partners. In recent years, Melody Ramsay rented out three bedrooms in the Premises, the first bedroom to defendants Olivia Wilhelmson and Alfonso Al...
2021.12.10 Motion to Seal 147
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.12.10
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.12.10
Excerpt: ...r a lawsuit in this court captioned Postcard Properties, LLC v. Somera Capital Management, LLC, et al., Case No. 17CV04361 (the “underlying lawsuit”). In the underlying lawsuit, Postcard Properties, LLC (“Postcard”) alleges causes of action for (1) breach of written contract, (2) common counts, (3) breach of oral contract, (4) fraud, and (5) declaratory relief. Postcard alleges that Somera and its president, David A. Brown breached variou...
2021.12.03 Motions to Seal, Petition for Writ of Mandate 919
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.12.03
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.12.03
Excerpt: ...g to Allegation II, namely, paragraph 2 (under “Allegation II”) on page 6, all of pages 17 and 18, paragraph 2 (under “Allegation II Response”) on page 185, and paragraph 2 (under “Allegation II”) on page 194. (All page references are to the pdf page number of records lodged by respondents provisionally under seal as documents to be disclosed in response to the California Public Records Act request.) In all other respects the petition...
2021.12.03 Motion to Set Aside Payment Arrangements 667
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.12.03
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.12.03
Excerpt: ...red into a loan agreement with WebBank, Inc., a chartered FDIC insured bank, in the principal amount of $20,025.00. The loan was evidenced by a promissory note signed by defendant. After the loan was funded, defendant defaulted under the terms of the promissory note. Defendant failed to cure the default and left a balance due and owing on the promissory note in the principal sum of $19,997.87, plus interest. WebBank, Inc. subsequently sold and as...
2021.12.03 Demurrer, Motion to Quash 877
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.12.03
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.12.03
Excerpt: ...e, the second amended complaint is deemed filed and served (without any extension of time for manner of service) as of December 3, 2021. The demurrer of specially appearing defendants UCOMMG, LLC, Kenneth W. Newbatt, Unified Communications Group, Inc., Bianca Newbatt, Mitchell Lipkin, and Michael Bellas to the first amended complaint is ordered off calendar as moot by the filing of the second amended complaint. (2) For the reasons set forth herei...
2021.11.19 Motion for Summary Judgment 470
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.11.19
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.11.19
Excerpt: ...kground: (1) Allegations of Third Amended Complaint Plaintiff Max Hennard and defendant Dana Cook are parties to a family law proceeding. (See Third Amended Complaint [TAC], ¶ 11.) Hennard was a patient at defendant Asian Pacific Health Care Venture, Inc. (APHCV). (See TAC, ¶¶ 8-9.) Cook made a personal visit to the Los Feliz office of APHCV. (TAC, ¶ 8.) During that visit, an APHCV employee allowed Cook to use the employee's computer with acc...
2021.11.19 Motion for Summary Judgment 119
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.11.19
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.11.19
Excerpt: ...endant Tidwell Excavation Acquisition Company, Inc. TENTATIVE RULING: The motion for summary judgment of defendant Tidwell Excavation Acquisition Company, Inc. is denied. BACKGROUND: This is an action for personal injuries and wrongful death. Plaintiff is Cortland T. Day, the surviving spouse of the decedent, Jana Whelan (“Whelan”). Whelan was 64 years of age at the time of her death. Plaintiff brings this action, both individually and as the...
2021.11.19 Motion for Preliminary Approval of Class Action Settlement 341
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.11.19
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.11.19
Excerpt: ...led for May 6, 2022, at 10:00 a.m., in Dept. 4 of this court, or on such other date as the Court may set at the hearing on this motion. On July 31, 2018, plaintiff submitted a Private Attorneys General Act (PAGA) notice letter to the Labor Workforce Development Agency (LWDA), asserting claims against defendant Advanced Vision Science, Inc. (AVS). On October 30, 2018, plaintiff filed her class and representative action complaint against AVS, alleg...
2021.11.19 Motion for Preliminary Approval of Class Action and PAGA Action Settlement 699
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.11.19
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.11.19
Excerpt: ...dant Deckers Outdoor Corporation David G. Hagopian / Garrett V. Jensen / Robyn E. Frick of CDF Labor Law LLP for defendant Real Time Staffing Services, LLC TENTATIVE RULING: The motion is granted. On May 6, 2020, plaintiffs submitted a Private Attorneys General Act (PAGA) notice letter to the Labor Workforce Development Agency (LWDA), which it served on defendants. On June 1, 2020, plaintiffs filed a class action and PAGA claims complaint against...
2021.11.19 Motion for Consolidation 113
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.11.19
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.11.19
Excerpt: ...na and Travis Edward Hoyt (both cases): Brian S. Dewey, Bretoi, Lutz & Stele TENTATIVE RULING: Counsel for defendants James Lee Hanna and Travis Edward Hoyt, the moving parties herein, is ordered to appear at the hearing of this motion. As set forth herein, the court will grant the motion to consolidate these actions for all purposes at the hearing of this motion if, but only if, counsel for defendants represents to the court on the record (1) th...
2021.11.12 Demurrers 719
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.11.12
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.11.12
Excerpt: ...ts Reicker, Pfau, Pyle & McRoy LLP and Diana Jessup Lee to plaintiff's complaint is sustained. The demurrer of defendant Rachel M. Tobler to plaintiff's complaint is sustained. Plaintiff did not oppose either demurrer or make any offer of proof as to what he would allege to state a viable cause of action against defendants and therefore the demurrers will be sustained without leave to amend. BACKGROUND: This action concerns the handling of an est...
2021.11.12 Motion to Vacate Default, Judgment 857
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.11.12
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.11.12
Excerpt: ...ction. Plaintiff is Lilian Sohrabian. Defendants are Shenzen MXJO Technology Company, Ltd. (“MXJO”), a Chinese corporation engaged in the business of designing, manufacturing, and exporting for sale lithium ion batteries for use in electronic cigarette vaping devices, Sysmax Industry Company, Ltd. (“Sysmax”), a Chinese corporation engaged in the business of designing, manufacturing, and exporting for sale chargers for lithium ion batterie...
2021.11.12 Motion for Summary Judgment 106
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.11.12
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.11.12
Excerpt: ...ez, Lydia Frenzie, Omayra Dominguez, and Thomas Dominguez: Self-represented TENTATIVE RULING: For the reasons set forth herein, unless a defendant files written opposition showing, or a defendant appears at the hearing of this motion and shows that a triable issue of material fact exists, the court will grant Bank's motion for summary judgment as to each defendant not making such a showing. Background: As set forth in the evidence submitted in su...
2021.11.12 Motion to Deem RFAs Admitted 230
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.11.12
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.11.12
Excerpt: ... admitted, it is denied. To the extent the motion seeks to compel responses to discovery without objections, it is granted. Defendant is ordered to provide responses, without objections, to requests for admissions, special interrogatories, form interrogatories, and the demand for production, on or before December 3. Should defendant file a motion for relief from waiver of objections on or before December 3, the court-ordered response date will be...
2021.11.05 Motion to Compel Further Discovery Responses 042
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.11.05
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.11.05
Excerpt: ... (robotics physician assistant), which she voluntarily left in late 2020. Before the Court this day is a single motion by plaintiff to compel further discovery responses as follows: SRog Nos. 7-12, 13-14, 16-18, 24, 27, 37-38, 57, 60-68, and 73; FRog (Empl) Nos. 201.1, 201.2, 201.5, 201.6, and 207.2; FRog (Gen) Nos. 15.1 and 17.1; RPD Nos. 4, 8, 9-15, 19, 22-26, 28-30, 34-35, 37-39; and RFA No. 10 Although these should have be...
2021.11.05 Demurrer, Motion to Strike 487
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.11.05
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.11.05
Excerpt: ...onference, on or before November 16, 2021, as to each issue raised in defendants' demurrer and motion. A revised opposition, or alternatively, an amended complaint, may be filed on or before November 29, 2021; a revised reply may be filed on or before December 3, 2021. Background: On August 31, 2021, De La Torre filed her complaint asserting five causes of action: (1) age discrimination; (2) sex discrimination; (3) failure to prevent discriminati...
2021.10.29 Motion to Quash 872
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.10.29
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.10.29
Excerpt: ..., 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, provided notice to “defendant … ROIC” that it is being sued by “plaintiff … Ribco ….” (Summons, issued July 21, 2021, p. 1 (July 21 Summons).) According to the proof of service filed July 30, 2021, the July 21 Summons was s...
2021.10.29 Motion for Summary Judgment 591
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.10.29
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.10.29
Excerpt: ...Michael Johnson, as Trustee of the Michael and Christina Johnson Family Trust (“Johnson”). Defendants are Skylar L. Gauss, individually and as Trustee of the La Cumbre Ranch Living Trust dated January 31, 2001, and Aaron Valdis Gauss (together, the “Gauss Defendants” or “defendants”). At the time of the events in this case, Saticoy owned and later deeded to Johnson certain real property identified by the Assessor for Santa Barbara Cou...
2021.10.29 Motion for Leave to File Complaint 906
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.10.29
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.10.29
Excerpt: ...that on July 26, 2017, Watson, while performing work for Wolfe, trespassed onto plaintiff's property located at 264 Salisbury Drive in Goleta and tore down portions of plaintiff's fence. Plaintiff further alleges that Watson assaulted and battered him with his fists, knocking plaintiff to the ground and rendering him unconscious. On July 26, 2019, plaintiff filed his complaint for trespass, assault and battery, and negligence. Watson and Wolfe ha...
2021.10.29 Demurrer, Motion to Strike 432
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.10.29
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.10.29
Excerpt: ...District (a) is sustained without leave to amend as to the first cause of action (reverse validation), (b) is sustained with leave to amend as to the Santa Barbara County Board of Supervisors, in their capacity as the Board of Supervisors, only, as to the second (writ of mandate), third (breach of contract), fourth (breach of implied covenant), and fifth (declaratory relief) causes of action, (c) is sustained with leave to amend as to the Board o...
2021.10.22 Motion for Summary Judgment 384
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.10.22
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.10.22
Excerpt: ...d to defendant pursuant to a written credit card agreement. Defendant used the credit card to purchase goods and services and, pursuant to the credit card agreement, agreed to repay the principal along with interest and other charges. On January 9, 2019, defendant stopped making any further payments on the account. There is currently due and owing to plaintiff the sum of $9,422.92, plus interest and penalties. On October 8, 2019, plaintiff filed ...
2021.10.22 Demurrer 235
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.10.22
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.10.22
Excerpt: ...rty located at 6663 Del Playa Drive (Plaintiffs' Property or Damaged Property), and 6653 Del Playa Drive (the “Offending Property”), in the Isla Vista area of Goleta, failed and collapsed onto the beach below. (Note: The term “Offending Property” is used to describe this property in the complaints and demurrers and is used in that same sense here.) On January 13, 2020, plaintiffs filed their original complaint in this action, alleging cau...