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2019.12.20 Motion to Disqualify Counsel 718
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.12.20
Excerpt: ...ple of the State of California ex rel. Ariel Pierre Calonne: Ariel Pierre Calonne, John S. Doimas, Office of the City Attorney: Matthew R. Silver, Rene L. Farjeat, Silver & Wright LLP For Defendants Dario L. Pini, D.L.P. Properties, Dario L. Pini, trustee of the Dario L. Pini Trust dated March 2, 2015, Nonnie Investments, LLC, 104 Las Aguajes, LLC, Alamar II, LLC, and Alamar III, LLC: Paul R. Burns, Solange D. Sanhueza, Law Offices of Paul R. Bur...
2019.12.9 Motion for Leave to File Amended Complaint 271
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.12.9
Excerpt: ...ff's motion for leave to file a first amended complaint is denied. Plaintiff's allegations of misconduct are already the subject of a cross-complaint she has filed in another action. BACKGROUND: Plaintiff Jophe Jones and defendant Julia Riva are sisters and the sole owners and directors of defendant Four Jays Music Company (“Four Jays”), a company responsible for collecting and distributing royalties from music composed by Jones and Riva's la...
2019.12.9 Demurrer 940
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.12.9
Excerpt: ...iel S. Hentschke of City Attorney's Office for defendant City of Santa Barbara TENTATIVE RULING: The demurrer to the inverse condemnation cause of action is sustained. While the Court is doubtful that the complaint can be amended to state a valid cause of action for inverse condemnation, it will allow plaintiff leave to file a First Amended Complaint in an attempt to do so. Any such amended complaint must be filed on or before December 23, 2019. ...
2019.12.9 Motion to Compel Further Responses, for Leave to Amend Complaint 646
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.12.9
Excerpt: ...nc.; Request for Sanctions 2. Plaintiffs' Motion for Leave to Amend the Complaint Attorneys: Plaintiffs: Jonathan C. Teller, Erik Harper (Wilshire Law Firm – Los Angeles) For Defendant Community Solutions: Paul D. Singer (Beach Cowdrey Jenkins – Oxnard) For Defendant Stalwart Clean & Sober: Jack H. Snyder (Wolfe & Wyman – Irvine) Tentative Rulings: 1. The court denies plaintiffs John Strumpfler and Tracy Morris's motion to compel further re...
2019.12.9 Motion to Quash Deposition Subpoenas 853
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.12.9
Excerpt: ...ndant: Roshni C. Kapoor (Ogletree, Deakins, et al. – San Francisco) Tentative Ruling: The court grants plaintiff Angelina Longstreth's motion to quash or limit the deposition subpoenas that defendant Agilent Technologies, Inc., issued to Paul J. Markowitz, M.D.; Sierra Rose Smargon, LMFT; and Sedgwick Claims Management Services, Inc. The deposition subpoenas shall be limited to two time periods: (1) September 24, 2017, through December 22, 2017...
2019.12.9 Application for Order of Appearance and Production of Records, to Seal Records 525
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.12.9
Excerpt: ...ial Records ATTORNEYS: Ashley E. Flood, Deputy County Counsel, for Petitioner Joseph Holland, Santa Barbara County Assessor Jason D. Strabo for Respondents CWI Santa Barbara Hotel, LP and CWI 2 Santa Barbara Hotel, LP TENTATIVE RULING: Petitioner's Application for Order to Seal Confidential Records is granted. The specified exhibits are ordered sealed. Petitioner's Application for Order of Appearance is granted. Respondent is ordered to produce t...
2019.11.25 Motion to Compel Further Responses 172
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.11.25
Excerpt: ...ion (Set One) and for Sanctions B. Motion to Compel Defendant Universal North America Insurance Company's Further Responses to Special Interrogatories (Set One) and for Sanctions against Counsel Attorneys: For Plaintiffs: Christopher M. Cotter (Snyder Burnett Egerer – Santa Barbara) For Defendant Universal N. America Ins. Co.: Jeffrey C. Lynn (Sylvester, Oppenheim & Linde – Encino) Tentative Ruling: A. The court grants, in part, the motion of...
2019.11.25 Motion for Judgment on the Pleadings, for Stay of Entire Action 128
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.11.25
Excerpt: ...fendants in Intervention: Jared M. Katz (Mullen & Henzell); Jeffrey L. Oakes (New Orleans) For Intervenor HCB: James A. Anton (Irvine) Tentative Ruling: 1. The court grants defendants Lee K. McPherson, Canndescent JV, L.L.C., MSLTD, L.L.C., and Christopher Beary's motion to stay the entire proceeding until a date 30 days after the United States District Court for the Southern District of Mississippi rules on intervenor HCB Financial Corp.'s motio...
2019.11.25 Motion for Approval of PAGA Settlement, Attorney Fees 609
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.11.25
Excerpt: ... Reiker, Pfau, Pyle & McRoy LLP for defendant TENTATIVE RULING: Both motions are granted in their entirety. Discussion: Defendant Signature Parking, LLC (Signature), is a company which provides parking lot attendant services throughout California. Plaintiff was employed by Signature between February 2015 and August 2018, at various locations within Santa Barbara County, as an hourly, non-exempt parking lot attendant. He is an “aggrieved employe...
2019.10.21 Motion for Prejudgment Possession of Real Property 339
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.10.21
Excerpt: ...udgment possession of the subject property is granted. The order for possession shall be effective thirty (30) days after service of the order. BACKGROUND: This is an action for eminent domain. On May 21, 2019, plaintiff City of Goleta (“City”) adopted a Resolution of Necessity, stating that public interest and necessity required the acquisition by eminent domain of (1) a fee interest, (2) a permanent flood control easement, and (3) a tempora...
2019.10.21 Motion for Attorney Fees 178
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.10.21
Excerpt: ...torneys: For Plaintiffs: Paul J. Laurin, et al. (Barnes & Thornburg – Los Angeles); Jeffrey B. Valle, et al (Valle Makoff, LLP – Los Angeles) For Defendants Tracy Westen and Linda Lawson: Ian M. Guthrie (Schley, Look & Guthrie) For Defendants Westen Family Group and Derek Westen: Scott B. Campbell, et al. (Rogers, Sheffield & Campbell) For Defendant Peter Westen: R. Chris Kroes, et al. (McCarthy & Kroes) Tentative Ruling: 1. The court denies ...
2019.6.17 Motion for Final Approval of Class Action Settlement, for Attorney's Fees and Enhancement Awards 335
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.6.17
Excerpt: ...tive Enhancement Awards ATTORNEYS: Garry M. Tetalman for Plaintiffs and Class Rafael Gonzalez for Defendant Santa Barbara Brewing Company, LLC TENTATIVE RULING: Plaintiffs' motion for final approval of class action settlement and class certification is granted. Plaintiffs' motion for approval of class counsel's fees, litigation costs, class representative enhancement awards, and claims administrator fees is granted as set forth herein. BACKGROUND...
2019.6.17 Motion to Sequester Sealed Records 282
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.6.17
Excerpt: ...eph, Maranga Morgenstern TENTATIVE RULING: The motion of plaintiff Sharon E. Green to sequester and review records filed under seal in criminal cases is denied. Background: This is the lead case consolidated with Franciscan Oaks Condominium Association, Inc., etc. v. Berry, case number 17CV01524. On May 24, 2017, plaintiff Sharon Green filed her complaint in this action against defendant Mary Long Berry. The complaint alleges causes of action for...
2019.6.17 Application for Right to Attach Order, for Issuance of Writ of Attachment 139
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.6.17
Excerpt: ...timatebrands, Inc. (3) Application of Right to Attach Order and for Issuance of Writ of Attachment against Defendant Ultimate Franchises, Inc. ATTORNEYS: For Plaintiff 660 BVD, LLC: Todd A. Amspoker, Ryan D. Zick, Price, Postel & Parma LLP For Defendants Ultimate Brands, Inc., 2Ultimatebrands, Inc., and Ultimate Franchises, Inc.: John A. Dells, Warren B. Campbell, Long & Delis TENTATIVE RULING: For the reasons set forth herein, the applications o...
2019.6.17 Application for Right to Attach Order 138
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.6.17
Excerpt: ... Warren B. Campbell, Long & Delis TENTATIVE RULING: The application of plaintiff 660 BVD, LLC for a right to attach order is granted as requested in the amount to be attached of $528,047.32. A writ of attachment shall be issued upon the filing of an undertaking in the amount of $10,000. Background: This is an application for a right to attach order and issuance of a writ of attachment arising out of plaintiff's complaint for nonpayment on a guara...
2019.6.10 Motion to Designate Vexatious Litigant 571
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.6.10
Excerpt: ...ckground: Plaintiff Laura Dewey filed this action against defendant Tarek Suleimanagich for breach of written contract and common counts for account stated and services rendered. Motion: Plaintiff moves for an order declaring defendant a vexatious litigant under CCP § 391(b)(3),which defines a vexatious litigant as a person who “In any litigation while acting in propria persona, repeatedly files unmeritorious motions, pleadings, or other paper...
2019.6.10 Motion to Confirm Extension of Five Year Deadline 388
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.6.10
Excerpt: ...o Trial ATTORNEYS: For Plaintiffs The Hollister Ranch Cooperative and the Hollister Ranch Owners' Association:Steven A. Amerikaner, Beth Collins, Hillary H. Steenberge, Brownstein Hyatt Farber Schreck, LLP For Plaintiffs Tim Behunin, Trustee of the Behunin Family Trust, Carolyn Pappas, Patrick L. Connelly, individually and on behalf of the Plaintiff Classes:A. Barry Cappello, Wendy D. Welkom, Cappello & Noel LLP For Defendants California Coastal ...
2019.6.10 Motion to Compel Further Responses 958
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.6.10
Excerpt: ...to Demand for Production of Documents and Request for Monetary Sanctions Attorneys: For Plaintiff: Eric A. Woosley Defendant: self represented Tentative Ruling: 1. The court grants plaintiff/cross-defendant Pico Rivera First Mortgage Investors, LP's motion to compel further responses to form interrogatories and orders defendant/cross-complainant Henry Aguila to provide further responses to form interrogatories ##12.1 and 12.2 in each of the two s...
2019.6.10 Motion for Terminating Sanctions 842
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.6.10
Excerpt: ...nted TENTATIVE RULING: The motion of plaintiffs for terminating sanctions against defendant Sal Espinoza is granted in part and denied in part. The court orders that, on or before August 9, 2019, defendant Sal Espinoza shall serve on counsel for plaintiffs written, verified responses, without objection, to plaintiffs' form interrogatories, set one, and to plaintiffs' demand for production and inspection of documents, set one. On or before June 17...
2019.5.31 Demurrer, Motion to Strike 718
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.5.31
Excerpt: ...ent Services to Second Amended Cross-Complaint of Dario L. Pini and for Award of Sanctions ATTORNEYS: For Plaintiff People of the State of California etc.: Ariel Pierre Calonne, John Doimas, Office of the City Attorney, City of Santa Barbara; Matthew R. Silver, Daniel J. Pasek, Silver & Wright LLP For Defendant, individually and as trustee, and Cross-Complainant Dario L. Pini and Defendants D.L.P. Properties, Nonnie Investments, LLC, 104 Las Aqua...
2019.5.20 Motion for Terminating Sanctions 786
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.5.20
Excerpt: ...g: The court grants the motion of State Farm Mutual Automobile Insurance Company for a discovery sanction and orders the uninsured motorist arbitration stayed until respondents Demetrio Valenzuela, Eliza Arriaga, and Beatriz Valenzuela comply with this court's January 14, 2019 order to serve verified responses to the form interrogatories and demands for inspection and production of documents. Background: On November 27, 2018, petitioner State Far...
2019.5.13 Demurrer, Motion to Strike 717
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.5.13
Excerpt: ...ntative of the Estate of Carolyn Jane Winther, to the second, third, and fourth causes of action in plaintiffs' complaint, as to plaintiff Walter J. Henning, individually and as trustee of the Walter C. Henning Trust and as trustee of the Caroline Henning Trust, and as to plaintiff James E. Henning, without leave to amend. The court overrules the demurrer in all other respects. 2. The court denies the motion of defendant John Mogens Henning to st...
2019.5.13 Motion to Compel IME 649
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.5.13
Excerpt: ...quest for Monetary Sanctions ATTORNEYS: John B. Richards for Plaintiffs Crystal R. Kerrigan and Madilyn R. Schrader, by and through her Guardian ad Litem Crystal R. Kerrigan Lacy L. Taylor for Defendants David Gerrity and Janette Van Hirtum TENTATIVE RULING: The motion of defendant David Gerrity to compel IME of plaintiff Crystal R. Kerrigan and request for monetary sanctions in the amount of $2,540.00 is granted as set forth herein. The motion o...
2019.5.13 Motion to Strike Portions of Complaint 935
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.5.13
Excerpt: ...uentes Paul V. Ash for Defendants Petra Avendano and Jaime Guerrero TENTATIVE RULING: Defendants' motion to strike the punitive damages allegations in plaintiffs' first amended complaint is granted. Plaintiffs shall have to and including May 23, 2019, to file a further amended complaint. BACKGROUND: This is an action for personal injuries arising out of a motor vehicle accident. According to the allegations, on June 27, 2018, plaintiffs Eustacio ...
2019.5.6 Motion for Judgment Debtor Exam 405
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.5.6
Excerpt: ...oseph P. McMonigle, Jennifer A. Becker, Long & Levit LLP TENTATIVE RULING: As set forth herein, defendants shall appear at the hearing on this motion and present a completed application for order in compliance with Santa Barbara County Superior Court Local Rules, rule 1303(a). The court will further address this motion at the hearing. Background: On June 1, 2017, plaintiff Michael S. Little filed his original complaint in this action against defe...
2019.4.29 Motion for Leave to File Claim 526
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.4.29
Excerpt: ...and as trustees of the Merle and Marilyn Taylor Living Trust UTD July 26, 1995: Lacy L. Taylor, John J. Thyne III, Law Offices of John J. Thyne III For Defendant and Cross-Defendant Robert Houston, Jr., and Defendant Linda Lukas: Self-represented For Defendant Any Kind Loan Funding, Inc.: not represented For Defendant Andrew Dioli and Defendants and Cross-Defendants Rushmyfile, Inc., and FMC Lending: Edward T. Weber, Kristi M. Wells, Law Offices ...
2019.4.29 Motion for Judgment on the Pleadings, Extension of Time 571
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.4.29
Excerpt: ...ING: For the reasons set forth herein, the motion of defendant Tarek Suleimanagich for judgment on the pleadings is denied as untimely. Background: Plaintiff Laura Dewey filed her original complaint in this action against defendant Tarek Suleimanagich on August 14, 2017. The complaint asserts two causes of action against Suleimanagich: (1) breach of written contract; and (2) common counts for account stated and for services rendered. The contract...
2019.4.29 Demurrer 049
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.4.29
Excerpt: ...he complaint in this case. Complaint: On January 4, 2019, plaintiffs Rodrigo Isidro De Jesus and Gregoria Julita Garcia-Osorio filed their complaint against defendants California Highway Patrol (CHP), State of California (State), and Felipe Amalio Hernandez. As relevant here, plaintiffs allege: Defendant Hernandez operated a vehicle owned by CHP and State in the course and scope of his employment. [¶¶19, 20] On May 1, 2018, Hernandez operated t...
2019.4.29 Motion to Quash Service, to Vacate Per CCP 443 350
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.4.29
Excerpt: ...r Defendant Angelina Dettamanti: Marc E. Angelucci For Defendant David Farmer, Trustee: James C. Buttery, Elizabeth A. Culley, Andre, Morris & Buttery TENTATIVE RULING: The court continues the hearing on defendant's motion to June 3, 2019. Defendant Angelina Dettamanti shall file and serve a supplemental brief as set forth herein on or before May 6, 2019. Any other party may file and serve a response to this supplemental brief on or before May 13...
2019.4.22 Demurrer, Petition for Writ of Mandate 388
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.4.22
Excerpt: ... Cooperative and the Hollister Ranch Owners' Association:Steven A. Amerikaner, Beth Collins, Hillary H. Steenberge, Brownstein Hyatt Farber Schreck, LLP For Plaintiffs Tim Behunin, Trustee of the Behunin Family Trust, Carolyn Pappas, Patrick L. Connelly, individually and on behalf of the Plaintiff Classes:A. Barry Cappello, Wendy D. Welkom, Cappello & Noel LLP For Defendants California Coastal Commission and State Coastal Conservancy:Xavier Becer...
2019.4.22 Motion for Leave to File Amended Answers to Complaint 826
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.4.22
Excerpt: ...McLachlan (Hermosa Beach) For Defendant City of Goleta: James N. Procter (Procter, Shyer & Winter – Camarillo) For Defendant County of Santa Barbara: Lisa A. Rothstein, Sr. Deputy County Counsel Tentative Ruling: The court grants defendants County of Santa Barbara and County of Santa Barbara Flood Control & Water Conservation District's motion for leave to file second amended answers to complaint. Background: On December 27, 2016, plaintiffs Co...
2019.4.15 Motion for Summary Judgment, Adjudication 021
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.4.15
Excerpt: ...La Mesa Venture, LLC, Tenacious Adventures II, LLC, Point III Holdings, Inc., and Martin Newton for Summary Judgment or Summary Adjudication of the Third Amended Complaint as to Plaintiff Norm Salter (2) Motion of Cross-Defendants Vista Oceano La Mesa Venture, LLC, Tenacious Adventures II, LLC, Point III Holdings, Inc., and Martin Newton for Summary Judgment or Summary Adjudication of Cross-Complaint of Dilip Ram ATTORNEYS: For Plaintiffs and Cro...
2019.4.15 Demurrer 172
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.4.15
Excerpt: ...fendants Martin Jarchow and Summerland Builders Edward J. Valdespino for Defendant American Bankers Insurance Company Caryn Brottman Sanders for Defendant Universal North American Insurance Company TENTATIVE RULING: The demurrer of defendant Martin Jarchow to plaintiffs' first, second, and third causes of action for negligence, negligent misrepresentation, and fraud is overruled. Defendant shall file and serve his answer to plaintiffs' first amen...
2019.4.12 Motion for Clarification of Receivership Orders 718
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.4.12
Excerpt: ...of Santa Barbara; Matthew R. Silver, Daniel J. Pasek, Silver & Wright LLP For Defendant, individually and as trustee, and Cross-Complainant Dario L. Pini and Defendants D.L.P. Properties, Nonnie Investments, LLC, 104 Las Aquajes, LLC, Alamar II, LLC, Alamar III, LLC: Paul R. Burns, Solange D. Sanhueza, Law Offices of Paul R. Burns, P.C. For Receiver and Cross-Defendant William J. Hoffman, as Receiver and individually, and cross-defendants Trigild...
2019.3.25 Motion for Monetary and Issue Sanctions 666
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.3.25
Excerpt: ...nd plaintiff is ordered to pay to defendant the amount of $5,325. The motion for issue or evidence sanctions is denied, based upon the motion's failure to include the mandatory separate statement required by California Rules of Court, rule 1.345(a)(7) for such motions. The Court issues a further order compelling plaintiff to appear for the continued deposition and the IME, as outlined below, and cautions her that if she fails to appear for either...
2019.3.18 Motion for Reconsideration 128
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.3.18
Excerpt: ...er Beary Jeffrey P. Walsworth / Elizabeth L. Huynh of WFBM, LLP for defendants Fiore Management LLC a.k.a. Canndescent and Adrian Z. Sedlin James A. Anton for intervenor HCB Financial Corp. TENTATIVE RULING: The motion for reconsideration is denied. The Court finds that the new facts asserted by moving parties do not provide a basis for reconsideration of its prior ruling on the intervention issue. Background: Intervenor HCB Financial Corp. (HCB)...
2019.3.18 Motion to Bifurcate 399
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.3.18
Excerpt: ...hear from them twice. This case shares a common profile with many cases that are tried before the court in a unified manner on a regular basis. There are ways other than bifurcation to make sure that the presentation of damages issues in the case is properly controlled and fair to both sides of the case, in terms of duplicative or repetitive testimony and evidence- the court expects a reasonable and efficient presentation of the case. ...
2019.3.11 Motion for Summary Judgment, Adjudication 826
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.3.11
Excerpt: ...cLachlan (Hermosa Beach) For Defendant City of Goleta: James N. Procter (Procter, Shyer & Winter – Camarillo) For Defendant County of Santa Barbara: Lisa A. Rothstein, Sr. Deputy County Counsel Tentative Ruling: 1. The court grants, in part, defendants County of Santa Barbara and County of Santa Barbara Flood Control & Water Conservation District's motion for summary judgment or, in the alternative, summary adjudication. The court grants summar...
2019.3.8 Demurrer 718
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.3.8
Excerpt: ...he City Attorney, City of Santa Barbara; Matthew R. Silver, Daniel J. Pasek, Silver & Wright LLP For Defendant, individually and as trustee, and Cross-Complainant Dario L. Pini and Defendants D.L.P. Properties, Nonnie Investments, LLC, 104 Las Aquajes, LLC, Alamar II, LLC, Alamar III, LLC: Paul R. Burns, Solange D. Sanhueza, Law Offices of Paul R. Burns, P.C. For Receiver and Cross-Defendant William J. Hoffman, as Receiver and individually, and c...
2019.3.4 Motion for Summary Judgment 630
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.3.4
Excerpt: ...roup of Santa Barbara, Inc.: Timothy J. Trager, Meghan K. Woodstone, Reicker, Pfau, Pyle & McRoy LLP TENTATIVE RULING: The motion of defendants Pueblo Radiology Medical Group, Inc., and Pueblo Radiology Medical Group of Santa Barbara, Inc., for summary judgment or alternatively for summary adjudication will be denied in its entirety. Background: In the operative pleading, plaintiff John J. Stef's second amended complaint (SAC), Stef alleges a sin...
2019.3.4 Motion to Compel Verifications, Privilege Logs, Further Responses, Production of Docs, for Sanctions 128
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.3.4
Excerpt: ...cuments, Set One, and Sanctions Attorneys: For Plaintiffs: Philip D. Dracht; Jeffrey L. Oakes (Beary & Oakes – New Orleans) For Defendants Fiore and Sedlin: Elizabeth L. Huynh (WFBM, LLP – Orange) Tentative Ruling: The court grants, in part, defendant/cross-complainant Fiore Management LLC aka Canndescent's motion for orders compelling verifications, privilege logs, and responses/further responses to requests for production of documents, set ...
2019.2.25 Motion to Compel Arbitration and Stay Proceedings 262
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.2.25
Excerpt: ...k TENTATIVE RULING: The motion of defendants to compel arbitration and stay all proceedings in this court is granted. BACKGROUND: Plaintiff Iaian Filippini (“Filippini”) is an investment advisor and a principal of plaintiff Filippini Wealth Management, Inc. (“FWM”). In 2008, defendants David B. Avrick and Jean L. Avrick initiated arbitration against Filippini and others arising out of certain investments defendants had made. In 2009, the ...
2019.2.25 Motion to Compel Further Responses 312
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.2.25
Excerpt: ... Brian J. Panish, Candice Klein, Sarah Kim, Panish Shea & Boyle LLP; Renee J. Nordstrand, Matthew M. Morrison, NordstrandBlack PC For Defendant Southern California Edison: Jason M. Booth, Paul D. Rasmussen, Benjamin L. Caplan, Booth LLP; Leon Bass, Jr., Laura A. Meyerson TENTATIVE RULING: The motion of defendant Southern California Edison Company to compel further responses by plaintiff Richard Anthony Easbey to defendant's request for production...
2019.2.25 Petition for Release of Property from Lien 792
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.2.25
Excerpt: ... Respondent Carrillo Builders, Inc.: Xavier Centina TENTATIVE RULING: The petition for release of property from mechanic's lien is granted. On December 11, 2018, petitioner Nicole Ybarra filed a verified petition for an order releasing her real property located at 2426 Las Positas Road in Santa Barbara from a mechanic's lien. (Petition, filed Dec. 11, 2018, ¶ 1.) Respondent Carrillo Builders, Inc., recorded a mechanic's lien claim on March 20, 2...
2019.2.4 Motion for Approval of Preliminary Class Action Settlement 024
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.2.4
Excerpt: ...ted: Edwin Aiwazian, Arby Aiwazian, Joanna Gosh, Lawyers for Justice, PC For Defendant Meridian Senior Living, LLC: Leonora M. Schloss, Edward J. McNamara, Danny Yaddision, Jackson Lewis P.C. TENTATIVE RULING: Plaintiff's motion for preliminary approval of class action settlement is granted. Counsel shall appear at the hearing of this motion to discuss scheduling issues for notice and the hearing on final approval. Background: On March 16, 20...
2019.2.4 Motion to Compel Inspection, for Leave to File Amended Complaint, for Protective Order or to Restrict Discovery 849
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.2.4
Excerpt: ...netary Sanctions Motion for Leave to File Second Amended Complaint and Motion for Extension of Time to File a Motion to Compel Further Response to Interrogatories and Request for Production of Documents Attorneys: Plaintiffs: Self-represented For Defendants: Mark T. Coffin (Law Offices of Mark T. Coffin); Lori L Dunivan (Thomas/Lucas – San Diego) Tentative Ruling: 1. The court strikes plaintiffs' Motion for Protective Order Limiting and/or Rest...
2019.2.4 Motion to Quash Subpoena Duces Tecum 937
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.2.4
Excerpt: ...fornia Department of Transportation, et al., Case No. 18CV00937 (Judge Sterne) HEARING DATE: January 14, 2019 MATTER: Motions (8) to Quash Deposition Subpoenas for Production of Business Records ATTORNEYS: Anthony E. Vieira for Plaintiffs Daniel Laurin O'Keefe and Kelly Anne O'Keefe Brock Christensen for Defendant National Railroad Passenger Corporation dba Amtrak TENTATIVE RULING: The tentative ruling on plaintiffs' eight motions to quash deposi...
2019.1.28 Petition for Release of Property from Lien 792
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.1.28
Excerpt: ...Respondent Carrillo Builders, Inc.: No appearance TENTATIVE RULING: The petition for release of property from mechanic's lien is granted. DISCUSSION: On December 11, 2018, petitioner Nicole Ybarra filed a verified petition for an order releasing her real property located at 2426 Las Positas Road in Santa Barbara from a mechanic's lien. (Petition, filed Dec. 11, 2018, ¶ 1.) Respondent Carrillo Builders, Inc., recorded a mechanic's lien claim on M...
2019.1.28 Motion to Compel Deposition of Person Most Qualified, for Production of Docs, for Sanctions 122
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.1.28
Excerpt: ... and Production of Documents and Request for Sanctions; (2) Motion to Compel Deposition of Person Most Qualified in City Attorney's Office Regarding Sidewalk-Related Personal Injury Lawsuits and Production of Documents and Request for Sanctions ATTORNEYS: John B. Richards for Plaintiff Muriel Godfrey Tom R. Shapiro, Assistant City Attorney, for Defendant City of Santa Barbara TENTATIVE RULING: Plaintiff's motion to compel the deposition of defend...
2019.1.28 Motion to Compel Appearance for Examination, to Disqualify Counsel 628
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2019.1.28
Excerpt: ...w Dubovoy Andrew C. Hubert of Thompson Coe & O'Meara, LLP for defendants Timothy Pryko and Kyryll Dubovoy TENTATIVE RULING: The motion to compel is granted, as outlined below. Plaintiff's opposition request for sanctions is denied. Background: This action arises from a single vehicle accident which occurred on June 25, 2015, on the northbound U.S. 101, within Los Angeles County. At the time of the accident, plaintiff Andrew Dubovoy was a passenge...

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