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2021.08.02 Motion to Strike Answer 036
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.08.02
Excerpt: ...and Stephanie Dow Will Gustafson, Defendant In Pro Per Linda Gustafson, Defendant In Pro Per Grant Gustafson, Defendant In Pro Per Mark Gustafson, Defendant In Pro P OJT/Synergy Partners, LLC (not represented) TENTATIVE RULING: The motion of plaintiffs to strike the answer of defendant OJT/Synergy Partners, LLC is granted. Plaintiffs' request for attorney's fees is denied. BACKGROUND: This is an action on a promissory note. Plaintiffs are Paul Wi...
2021.08.02 Motion for Good Faith Settlement 312
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.08.02
Excerpt: ...nt City Attorney, for Defendant and Cross-Complainant City of Santa Barbara Laura A. Meyerson for Defendant, Cross-Complainant, and Cross-Defendant Southern California Edison Company Mary Kay Glaspy for Defendant and Cross-Complainant Pacific Coast Tree Experts Domineh Fazel for Defendant and Cross-Defendant CN Utility Consulting, Inc. Jeffrey Leader for Defendant, Cross-Defendant, and Cross-Complainant Utility Tree Service, LLC TENTATIVE RULING:...
2021.08.02 Demurrer, Motion to Strike 946
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.08.02
Excerpt: ... (2) Motion of Defendant Santa Barbara Unified School District to Strike Portions of Complaint ATTORNEYS: For Plaintiff Jane OB Doe: Morgan A. Stewart, Haley K. Aanestad, Manly, Stewart & Finaldi For Defendant Santa Barbara Unified School District: Susan L. Oliver, Harry W. Harrison, Olesya Mikhaylova, Tyson & Mendes For Defendant Matef Harmachis: Louis R. Dumont, Johnny Rundell, Carpenter, Rothans & Dumont LLP Tentative Ruling (1) For the reason...
2021.07.26 Motion to Strike 533
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.07.26
Excerpt: ... LLP For Defendant Eric Robert Estrada: Daniel C. Walsh, Matthew S. Jones, Freeman Mathis & Gary, LLP TENTATIVE RULING: For the reasons set forth herein, the motion of defendant Eric Robert Estrada to strike portions of the complaint of plaintiff Brandon Mack is denied. Defendant Estrada shall file and serve his answer to the complaint on or before August 10, 2021. Background: As alleged in plaintiff Brandon Mack's complaint: On January 14, 2021,...
2021.07.26 Motion to Compel Deposition 961
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.07.26
Excerpt: ...olved. By Minute Order dtd 01/06/21, the matter was transferred to the civil calendar. Before the Court this day is a motion by plaintiffs (landlords) to secure the deposition of defendant Lawrence Marston (tenant). For the reasons which follow, the motion to compel is GRANTED in part, and DENIED in part. Pertinent Background Here, plaintiffs served on the defense a notice of taking the deposition of defendant Lawrence Marston. That notice was se...
2021.07.26 Motion for Good Faith Settlement 663
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.07.26
Excerpt: ... Inc. Marcus S. Bird for Defendant and Cross-Complainant Investec Discovery Services, LLC Lisa I. Lawrence for Cross-Defendant Earth Tek Engineering Corporation TENTATIVE RULING: The motion of plaintiff Orr Builders, Inc. for good faith settlement determination is granted. BACKGROUND: On June 16, 2017, plaintiff Orr Builders, Inc. (“Orr”) filed its complaint against defendant Investec Discovery Storage, LLC (“Investec”) for non-payment re...
2021.07.19 Motion to Quash or Limit Deposition Subpoenas 946
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.07.19
Excerpt: ...ed School District, et al.Case No. 20CV03946 (Judge Sterne) Hearing Date: July 19, 2021 Tentative Ruling: This is a personal injury arising out of a series of interactions between plaintiff and her high school teacher. the matter concerns two identical defense motions to quash or limit subpoenas issued to the Santa Barbara Police Department: Defendant Harmachis' motion to quash District's amended Santa Barbara PD subpoena, filed 03/30/21 (with op...
2021.07.19 Motion for Summary Judgment 172
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.07.19
Excerpt: ...Nirasha Rodriguez, and Kennedy Cruz Rodriguez: Christopher M. Cotter, Jessica Farley, Snyder Burnett Egerer, LLP For Defendant Universal North America Insurance Company: Sheryl W. Leichenger, Bridget A. Moorhead, Selman Breitman LLP TENTATIVE RULING: The motion of defendant Universal North America Insurance Company for summary judgment or, alternatively, for summary adjudication is denied in its entirety. Background: Plaintiffs Jason Rodriguez an...
2021.07.19 Demurrer, Motion to Strike 155
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.07.19
Excerpt: ...e allegations from SAC ATTORNEYS: Patrick McCarthy / Ronald J. Zonen / Briana E. McCarthy of McCarthy & Kroes for plaintiff Judith M. Hall. Eve H. Korff / Alex Silva Van Vo of Shaver, Korff & Castronovo LLP for defendant Esther Emiko Trejo Takembaiyee TENTATIVE RULING: The demurrer is overruled, and the motion to strike is denied. Background: This personal injury action arises from an automobile accident which occurred on September 14, 2019, on S...
2021.07.12 Motions for Summary Judgment 826
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.07.12
Excerpt: ...mily Chiropractic's Motion for Summary Judgment (3) Motion of Defendant Scott F. Kozak, M.D.for Summary Judgment ATTORNEYS: For Plaintiff Alexandro Filippini: Self-represented For Defendant John C. Craviotto, D.C., dba Craviotto Family Chiropractic: Mark S. Ashworth, Carissa A. Ashworth, Ashworth & Ashworth, LLP For Defendant Scott F. Kozak, M.D.: Raymond L. Blessey, Sean L. Cooper, Reback, McAndrews & Blessey, LLP TENTATIVE RULING: (1) Plaintiff...
2021.07.12 Demurrer 768
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.07.12
Excerpt: ...n M. Bernal, Nye, Stirling, Hale & Miller, LLP TENTATIVE RULING: The demurrer of defendant The Regents of the University of California to the first amended complaint of plaintiff Robin Unander is sustained with leave to amend. Plaintiff shall file and serve her second amended complaint on or before July 27, 2021. Background: As alleged in plaintiff Robin Unander's first amended complaint (FAC): Unander is a licensed attorney who worked for defend...
2021.07.12 Demurrer 587
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.07.12
Excerpt: ...Tettalman & Udden For Defendants Santa Barbara Cottage Hospital, Inc., and Cottage Health, Inc.: Hugh S. Spackman, Sam E. Carter, Clinkenbeard, Ramsey, Spackman & Clark, LLP TENTATIVE RULING: The demurrer of defendants Santa Barbara Cottage Hospital, Inc., and Cottage Health, Inc., to plaintiffs' third amended complaint is overruled. The third amended complaint is deemed amended to replace “4727” in paragraph 48 with “4742.” Defendants sh...
2021.07.02 Motion for Fees, to Compel Second Deposition 718
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.07.02
Excerpt: ...fornia 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, Alamar III, LLC, Lowry Lane, LLC, Granville Holdings, Inc., Beta Trust, and Gamma Trust: Paul R. Burns, Sol...
2021.06.28 Motion for Terminating Sanctions 163
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.06.28
Excerpt: ... Morgan S. Lucas of the District Attorneys' Office for the People E. Patrick Morris for defendants TENTATIVE RULING: The motion is denied. Background: This is the third in a series of motions for terminating and other sanctions filed by plaintiff People, based upon the same discovery they propounded upon defendants back in 2019. Because the matter builds on a series of matters which have been determined by the Court relative to a demand for produ...
2021.06.28 Motion for Summary Judgment 017
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.06.28
Excerpt: ... Fox Howard, LLP TENTATIVE RULING: (1) For the reasons set forth herein, the motion of plaintiff Santa Haven LLC for summary judgment is denied. (2) For the reasons set forth herein, the cross-motion of defendants Eric Hufford and Emily Brogan for summary judgment is ordered off calendar without prejudice. Background: On May 21, 2021, plaintiff Santa Haven LLC (Landlord) filed its complaint against defendants Eric Hufford and Emily Brogan (collec...
2021.06.21 Motion to Compel Arbitration and Dismiss Action or Stay Proceedings 807
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.06.21
Excerpt: ...tative Ruling: This is a personal injury action against the supplier of home oxygen tanks. Plaintiff alleges in pertinent part as follows: “Plaintiff was discharged on or about October 11, 2017 with a discharge instruction to continue to use home oxygen as needed to maintain an oxygen saturation of 94% or higher. Plaintiff was given a home oxygen monitor to track oxygen saturation levels. Apria Healthcare Group Inc. ("Apria") agreed to deliver ...
2021.06.21 Motion for Summary Adjudication 351
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.06.21
Excerpt: ...court's tentative ruling. The court may adopt, modify or reject the tentative ruling after considering the parties' oral arguments. The tentative ruling will have no legal effect unless adopted by the court. No notice of intent to appear is required. If you wish to submit on the tentative decision, you may send a telefax to Judge Borrell's secretary, Isabel Alarcon, at 805‐477‐5894, stating that you submit on the tentative. A copy of the tele...
2021.06.21 Demurrer 105
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.06.21
Excerpt: ...e in pro per TENTATIVE RULING: The demurrer is overruled, and defendants are directed to file their Answer to the First Amended Complaint on or before June 28, 2021. Procedural Background: The original unlawful detainer complaint in this matter was filed on January 12, 2021, by plaintiff Patterson Apartments, L.P., is a California limited partnership doing business as Patterson Place Apartments, through its agent, The Towbes Group, Inc. The compl...
2021.06.14 Motion to Quash Service of Summons 017
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.06.14
Excerpt: ...Taylor for Defendants Eric Hufford and Emily Brogan TENTATIVE RULING: Defendants' motion to quash service of the summons and complaint for unlawful detainer is denied. Defendants shall file and serve their answer to the complaint on or before June 18, 2021. BACKGROUND: This is an unlawful detainer action involving residential real property. Plaintiff Santa Haven, LLC is the owner of real property located at 121 Burton Circle, Santa Barbara, Calif...
2021.06.14 Motion for Summary Judgment 268
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.06.14
Excerpt: ... Granet, Claire K. Mitchell, Rimon, P.C. For Defendants Randall Quaid and Evgenia Quaid: Self-represented TENTATIVE RULING: For the reasons set forth herein, the motion of defendants Randall Quaid and Evgenia Quaid for summary judgment on the complaint of plaintiffs R. Scott Turicchi and Lannette C. Turicchi is denied. Background: On November 25, 2019, plaintiffs R. Scott Turicchi and Lannette C. Turicchi filed their complaint in this action. The...
2021.06.14 Motion for Final Approval of Class Action Settlement 363
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.06.14
Excerpt: ...nett Sween, Jackson Lewis P.C. TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiff James Gribble for final approval of this class action settlement is granted. The court confirms its preliminary approval of the settlement as final, approves for payment attorney fees in the amount of $152,760.00, approves for payment litigation expenses of $8,480.93, and approves for payment of an incentive payment to plaintiff Gribble in t...
2021.06.14 Demurrer 883
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.06.14
Excerpt: ...e, Jessica Phillips, Maho & Prentice, LLP For Defendant Seacoast Village Homeowners Association: Jessica Saldo, Mark R. Weiner & Associates For Defendant City of Carpinteria: James N. Procter II, Kristine A. Tijam, Procter, Shyer & Winter, LLP TENTATIVE RULING: For the reasons set forth herein, the demurrer of defendant City of Carpinteria to the complaint of plaintiff Kelly Perez is overruled. Defendant City shall file and serve its answer to th...
2021.06.14 Demurrer 574
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.06.14
Excerpt: ...ntiff Ventura County Employees' Retirement System Emily T. Gardner, Principal Assistant County Counsel, for Defendant County of Ventura TENTATIVE RULING: The Demurrer of Defendant County to plaintiff's second cause of action for declaratory relief is sustained without leave to amend. BACKGROUND: Plaintiff Ventura County Employees' Retirement Association (“VCERA”) is a public entity retirement system established by defendant County of Ventura ...
2021.06.07 Special Motion to Strike 539
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.06.07
Excerpt: ...oss-Complainant Anthony Valney: Jordan D. Hankey TENTATIVE RULING: For the reasons set forth herein, the special motion to strike of cross-defendant Kathleen Ousey is granted in part and denied in part. As detailed herein, the motion is granted to strike from paragraph BC-2 of the cross-complaint of cross-complainant Anthony Valney the allegation, “When Ousey learned of this, she caused to be filed a Request for Elder Abuse Restraining Order ag...
2021.06.07 Demurrer, Motion to Strike 498
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.06.07
Excerpt: ...nterprises, Inc., and Taco Bell Corp.: Steven D. Levine, Law Office of Craig A. Holtz TENTATIVE RULING: (1) For the reasons set forth herein, the general and special demurrers of defendants Payatt Enterprises, Inc., and Taco Bell Corp. to the complaint of plaintiff Tasha Pitsenbarger are overruled in their entirety. (2) For the reasons set forth herein, the motion of defendants to strike portions of plaintiff's complaint is denied in its entirety...
2021.05.24 Motion to Compel Arbitration, Request for Stay of Proceedings 688
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.05.24
Excerpt: ...iams for Plaintiffs Bosim and BM-CPC Tentative Ruling: This is a putative class action suit for alleged wage/hour violations occurring in the cannabis cultivation industry. At issue is a defense motion to compel arbitration of plaintiff's individual claims, and stay litigation of plaintiff's representative PAGA claim. The motion to compel is granted in part. The evidence does not support waiver, illegality or unconscionability. Thus, plaintiff's ...
2021.05.21 Petition for Writ of Mandate 979
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.05.21
Excerpt: ...NHC Orcutt 405, LLC is denied. The stay order of March 12, 2021 is vacated. BACKGROUND: Petitioner NHC Orcutt 405, LLC (“NHC” or “petitioner”) is a California limited liability company and a medical and adult-use cannabis retailer. Respondent is the County of Santa Barbara (“County” or “respondent”). On November 9, 2020, NHC submitted an application to County for a license to operate a storefront retail cannabis business in the co...
2021.05.21 Petition for Writ of Mandate 979
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.05.21
Excerpt: ...NHC Orcutt 405, LLC is denied. The stay order of March 12, 2021 is vacated. BACKGROUND: Petitioner NHC Orcutt 405, LLC (“NHC” or “petitioner”) is a California limited liability company and a medical and adult-use cannabis retailer. Respondent is the County of Santa Barbara (“County” or “respondent”). On November 9, 2020, NHC submitted an application to County for a license to operate a storefront retail cannabis business in the co...
2021.05.21 Motion to Compel Mental Exam 753
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.05.21
Excerpt: ...s one of two consolidated personal injury actions stemming from a multi-vehicle collision occurring on Highway 101 near Goleta on 04/27/18. Before the Court this day is a defense motion in the related action (18CV06112) for a mental examination of plaintiff Balcazar, based on her putative claims of mental injury caused by a defect in the design of the 2017 Ford Focus she was driving at the time. Plaintiff concedes defendant's right to a mental ex...
2021.05.21 Motion to Compel Discovery Responses 319
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.05.21
Excerpt: ...y Church, et al.Case No. 1487319 (Judge Sterne) Hearing Date: May 24, 2021 Matter: Motions (4) to Compel Discovery Responses filed by the defense Tentative Ruling: This is a personal injury action involving allegations of clergy sexual abuse. Before the Court this day are four defense motions, seeking further responses from plaintiffs regarding ordinary information about ongoing ailments associated therewith. The motions are GRANTED in part, and ...
2021.05.17 Motion for Summary Judgment, for Discharge 774
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.05.17
Excerpt: ...Summary Judgment of Defendant Meridian Resource Company, LLC and Defendant-Intervenor Blue Cross of California dba Anthem Blue Cross; (2) Motion for Discharge and for Attorney's Fees of Plaintiffs Interinsurance Exchange of the Automobile Club of Southern California, Amber Suzanne Jones, and Joshua Bates (3) Case Management Conference ATTORNEYS: Mark S. Staton for Plaintiffs Interinsurance Exchange of the Automobile Club of Southern California, A...
2021.05.17 Motion for Summary Judgment 591
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.05.17
Excerpt: ...ATTORNEYS: For Plaintiff McCoy Electric Corporation: Barton C. Merrill For Defendants, Cross-Complainants, and Cross-Defendants Annette Rubin and A. Stuart Rubin: Patrick C. McGarrigle, Michael J. Kenney, McGarrigle, Kenney & Zampiello, APC For Cross-Defendant Las Canoas Co. dba Construction Plumbing: Daniel E. Engel ( TENTATIVE RULING: For the reasons set forth herein, the motion of cross-defendant Las Canoas Co. dba Construction Plumbing for su...
2021.05.10 Motion to Strike FAC 872
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.05.10
Excerpt: ...ary D. Fields / Anna Sweeney of FieldsLaw for defendant Planned Parenthood California Central Coast. TENTATIVE RULING: The motion is granted, with leave to amend. To the extent he wishes to do so now, Plaintiff may file any Second Amended Complaint on or before May 24, 2021, or such other date as the Court may specify at the hearing on this motion. Background: Plaintiff Peter Withers' operative First Amended Complaint (FAC) alleges causes of acti...
2021.05.10 Demurrer, Motion to Quash or Limit Deposition Subpoena 946
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.05.10
Excerpt: ...ct, et al. (Judge Sterne) Case No. 20CV03946 Hearing Date: May 10, 2021 HEARING: (1) Demurrer of Defendant Matef Harmachis to Complaint (2) Motion of Defendant Matef Harmachis to Strike Portions of Complaint (3) OSC re Payment of Filing Fee (4) Motion of Defendant Matef Harmachis to Quash Plaintiff's Business Records Subpoena re Santa Barbara Police Department (5) Motion of Defendant SBUSD to Quash Business Records Subpoena re Nichols Strategies,...
2021.05.10 Demurrer 235
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.05.10
Excerpt: ...iana C. Mosquera: Gary P. Crowder For Defendants County of Santa Barbara and Ginger White, in her official capacity as Director of Animal Services: Michael C. Ghizzoni, Christopher E. Dawood, Office of the County Counsel TENTATIVE RULING: For the reasons set forth herein, the demurrer of defendants County of Santa Barbara and Ginger White is sustained, with leave to amend, as to each cause of action of the first amended complaint. Plaintiffs shal...
2021.05.07 Motion to Require Posting of Bond 718
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.05.07
Excerpt: ...ey: 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. Burns, P.C. TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiff People of the State of California for a...
2021.05.03 Motion to Tax Costs 531
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.05.03
Excerpt: ...in and Tracy Franklin: Matthew B.F. Biren, Andrew G.O. Biren, John A. Roberts, Biren Law Group For Defendant Santa Barbara Cottage Hospital: William Clinkenbeard, Hugh S. Spackman, Clinkenbeard, Ramsey, Spackman & Clark, LLP TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiff Michael Franklin to tax costs is granted in part and denied in part. The court grants the motion to disallow costs in the amount of $118,646.73. The ...
2021.04.26 Demurrer, Petition for Writ of Mandate 285
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.04.26
Excerpt: ...s, Inc. and Tristan Strauss TENTATIVE RULING: Respondents' demurrer to the petition for writ of mandamus is overruled. BACKGROUND: Petitioner Jonas Svensson (“Svensson”) is a current shareholder and former Executive Chairman of respondent i073 Investments, Inc. (“i073” or “the company”), an investment management company founded by Svensson, respondent Tristan Strauss (“Strauss”), non- party Brian Casey (“Casey”), and non-party...
2021.04.19 Demurrer, Motion to Strike 946
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.04.19
Excerpt: ...rtions of Complaint ATTORNEYS: For Plaintiff Jane OB Doe: Morgan A. Stewart, Haley K. Aanestad, Manly, Stewart & Finaldi For Defendant Santa Barbara Unified School District: Susan L. Oliver, Harry W. Harrison, Olesya Mikhaylova, Tyson & Mendes For Defendant Matef Harmachis: Louis R. Dumont, Johnny Rundell, Carpenter, Rothans & Dumont LLP TENTATIVE RULING: (1) For the reasons set forth herein, the demurrer and motion to strike of defendant Matef H...
2021.04.19 Demurrer 026
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.04.19
Excerpt: ...f Irwin L. Jacobs; Mark Jacobs and Trisha Blake, as Personal Representatives of the Estate of Irwin L. Jacobs; and Mark Jacobs and Trisha Blake as the Personal Representatives of the Estate of Alexandra Jacobs Michael B. Damen for Defendants William Nicholson and Sandra Shinn Nicholson TENTATIVE RULING: Defendants' demurrer to the eleventh and twelve causes of action in plaintiffs' first amended complaint for breach of oral contract (oral promiss...
2021.04.12 Motion to Compel Further Responses 083
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.04.12
Excerpt: ...a: Joyce E. Dudley, Christopher B. Dalbey, Morgan S. Lucas, Office of the Santa Barbara County District Attorney; Michael N. Feuer, Wilfredo r. Rivera, Christina V. Tusan, William R. Pletcher, Miguel J. Ruiz, Office of the Los Angeles City Attorney For Defendants Sunseeker Enterprises, Inc., and James Moseley: Andrew C. Pongracz, Seki, Nishimura & Watase, LLP TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiff People of th...
2021.04.12 Motion to Compel Arbitration and Dismiss Action or Stay Proceedings 807
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.04.12
Excerpt: ...ion ATTORNEYS: Victor Salas, Jr. for Plaintiff Carlos Lazo Michael C. Douglass for Defendant Apria Healthcare, LLC TENTATIVE RULING: The motion of defendant Apria Healthcare, LLC to compel arbitration of plaintiff's claim is denied. BACKGROUND: On September 17, 2017, plaintiff Carlos Lazo was injured by a fall. Plaintiff was admitted to Cottage Hospital on September 25, 2017, and diagnosed with multiple rib fractures, pneumonia, and acute respira...
2021.04.12 Demurrer 377
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.04.12
Excerpt: ... sustained, without leave to amend. Background: This unlawful detainer action, filed December 29, 2020, seeks to evict defendant Mark Zimmer from HUD subsidized housing provided by plaintiff Housing Authority of the City of Santa Barbara. The eviction is based upon a series of numerous violations of the lease agreement, of the House Rules, which were incorporated into the lease agreement, the Mold and Mildew Addendum to the lease, and the Bedbug ...
2021.04.05 Motion to Strike 429
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.04.05
Excerpt: ...Per TENTATIVE RULING: Plaintiffs' motion for terminating sanctions against defendant is granted. Defendant's answer to plaintiffs' complaint is ordered stricken, with prejudice. A default judgment shall be entered in favor of plaintiffs and against defendant. BACKGROUND: This is an action for defamation, intentional infliction of emotional distress, elder abuse, and related causes of action. Plaintiffs are David G. Bertrand (“Bertrand”), age ...
2021.03.29 Demurrers, Motion to Strike 946
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.03.29
Excerpt: ... Santa Barbara Unified School District to Strike Portions of Complaint (3) Demurrer of Defendant Matef Harmachis to Complaint (4) Motion of Defendant Matef Harmachis to Strike Portions of Complaint ATTORNEYS: For Plaintiff Jane OB Doe: Morgan A. Stewart, Haley K. Aanestad, Manly, Stewart & Finaldi For Defendant Santa Barbara Unified School District: Susan L. Oliver, Harry W. Harrison, Olesya Mikhaylova, Tyson & Mendes For Defendant Matef Harmachi...
2021.03.29 Demurrer, Motion to Strike 042
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.03.29
Excerpt: ... Jean Nary and Kevin Russell Nary to Strike Portions of the Complaint ATTORNEYS: For Plaintiffs and Cross-Defendants Montecristo #1 Living Trust UTD 9/24/2015 and Montecristo #2 Living Trust UTD 9/24/2015 and Cross-Defendants Hugo Roberto Garcia and Marciel Gabriela Hines: John J. Thyne III, Lacy L. Taylor, Thyne Taylor Fox Howard, LLP For Defendants Laura Jean Nary and Kevin Russell Nary and Defendant and Cross-Complainant Butterfly Lane Condomi...
2021.03.22 Demurrer 105
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.03.22
Excerpt: ...ve for plaintiff to file a First Amended Complaint on or before Monday, March 29, 2021. Background: Plaintiff Patterson Apartments, L.P., is a California limited partnership doing business as Patterson Place Apartments, through its agent, The Towbes Group, Inc. It filed the current complaint for at-fault just cause unlawful detainer on January 12, 2021, related to premises located 98 So. Patterson Ave., Unit 205, which the complaint alleges is wi...
2021.03.19 Motion to Release Property from Receivership, to Terminate Receivership Estate 718
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.03.19
Excerpt: ...(3) Motion of Defendants for Release of 318-320 West Valerio and 626 West Cota Properties from Receivership (4) Motion of Receiver to Terminate Receivership Estate over 318-320 West Valerio and 626 West Cota Properties and for Final Accounting ATTORNEYS: For Plaintiff People 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 & Wrigh...
2021.03.15 Motion to Strike 984
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.03.15
Excerpt: ...ie B. Dennis for Defendant J-M Manufacturing Company, Inc. Farah S. Nicol for Defendant Union Carbide Corporation Barry R. Schirm for Defendant Kelly-Moore Paint Company, Inc. TENTATIVE RULING: The motion of defendant Kelly-Moore Paint Company, Inc. to strike the portions of plaintiff's complaint for punitive damages is denied. BACKGROUND: This is an action for personal injuries resulting from exposure to asbestos. As alleged in the complaint, pl...
2021.03.15 Motion for Terminating Sanctions 163
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.03.15
Excerpt: ...le of the State of California: Joyce E. Dudley, Christopher B. Dalbey, Morgan S. Lucas, Office of the District Attorney For Defendants Summerland Market, Inc., Elian Mtanous Hanna aka Louie Hanna: E. Patrick Morris TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiff People of the State of California for an award of discovery sanctions is granted in part and denied in part. The motion is granted to award monetary sanctions ...

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