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2024.05.06 Motion to Compel Arbitration and Stay Action 268
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2024.05.06
Excerpt: ...Defendant American Honda Motor Co., Inc. : Spe nce r P. Hugret, Jeanette C. Suarez, Joshua Hartmann, Gordon Rees Scully Mansukhani, LLP TEN TATIVE RULIN G : The motion of Honda Motor Co., Inc. to compel arbitration and stay action is denied. Background: This action commenced on March 27, 2023, by the filing of the complaint by plaintiff Diana Cibrian against defendant American Honda Motor Co., Inc. (“Honda”), alleging violations of the Song -...
2024.05.03 Motions to Compel, for Admissions 516
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.05.03
Excerpt: ...aintiff separately propounded Supplemental Requests for Production of Documents, and Supplemental Interrogatories on each defendant. Defendants requested and received two -week extensions of time to respond to each set of the discovery. When responses had not been provided by the extended dates for response, plaintiff on February 13, 2024, filed motions to compel responses to the form int e rrogatorie s, spe cial inte rrogat orie s, and re que st...
2024.05.03 Motion to Set Aside Summary Judgment, Discharge Forfeiture, and Exonerate Bail 541
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.05.03
Excerpt: ...f defendant's bond number FCSSO -2467448 is vacated, and the bond is exonerated. Background: Court records reflect that on August 5, 2022, defendant Financial Casualty & Surety, Inc., through its bail agent Bail Hotline Bail Bonds (Surety), posted bail bond no. FCS502467448 (the bail bond) in the amount of $30,000, as security for the appearance o f Th o m a s P a t r ic k Ca m p b e ll (Ca m p b e ll) o n O c t o b e r 5 , 2 0 2 4 , in Superior ...
2024.05.03 Motion to Compel Production of Text Messages 853
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.05.03
Excerpt: ...ahry : Rachel Van Mullem, Teresa Martinez, Kristen Cortez, Office of the County Counsel TEN TATIVE RULIN G : For all reasons discussed herein, the motion of defendant the County of Santa Barbara to compel the production of text messages is denied without prejudice. Background: P la in t if f Alic ia P is c h ke f ile d a c o m p la in t in t h is m a t t e r o n M a y 1 3 , 2 0 2 2 , a lle g in g o n e cause of action for work environment harassm...
2024.05.03 Motion to Compel Deposition, for Monetary Sanctions 426
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.05.03
Excerpt: ...to July 12, 2024. Monetary sanctions in the amount of $2,000.00 are awarded in favor of plaintiffs and against defendant, to be paid to plaintiffs' counsel no later than May 31, 2024. Background: This action commenced on October 6, 2023, by the filing of the complaint by p la in t if f s Ro g e r L. H o r n e a n d Kim St . Au b in (c o lle c t iv e ly , p la in t if f s ) a g a in s t defendant Nissan North America, Inc. (Nissan) for breach of i...
2024.05.03 Motion for Summary Judgment 272
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.05.03
Excerpt: ... For Defendant Jonathan Walter Espinoza : Self Represented For Defendant Sergio Morales dba Sergio's Roofing and Rain Gu t t e r : No appearance TEN TATIVE RULIN G : Plaintiff's motion for summary judgment is granted as to defendant Jonathan Walter Espinoza. Background: O n M a r c h 2 9 , 2 0 2 1 , p la in t if f Br id g e r Cla im s Se r v ic e s , LLC (BCS), f ile d it s complaint in this matter alleging that it had in effect an automobile ins...
2024.05.03 Motion for Attorney Fees 147
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.05.03
Excerpt: ...VE RULIN G : For all reasons discussed herein, the motion of defendant for attorney's fees and costs is granted. The court awards attorney fees in the amount of $16,425 in favor of defendant Evan Graves and against plaintiff Alexander Alobeydi. Background: On September 25, 2023, plaintiff Alexander Alobeydi (Alobeydi) filed a complaint in this matter against defendant Evan Graves (Graves), alleging nine causes of action: (1) assault; (2) battery;...
2024.05.03 Motion for Approval to Dismiss 317
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.05.03
Excerpt: ...y plaintiffs Michael Dennis and all those similarly situated against defendants Ralph T. Ianelli, Essex Capital Corporation (“Essex”), and Does 1 through 30. The c o m p la in t is a class action and sets forth causes of action for: (1) Negligence; (2) Vio la t io n o f Ca lif o r n ia Se c u r it y La w s ; (3 ) N e g lig e n c e P e r Se ; (4 ) Fr a u d ; a n d (5 ) F in a n c ia l Eld e r Ab u s e . On October 11, 2023, plaintiffs substitu...
2024.05.01 Motions to Compel Further Responses 285
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2024.05.01
Excerpt: ... at Lloyd's and London Market Companies, Grea t Lake s Re insurance (UK), Lloyd's Unde rwrite r Syndicate, Sompo Canopius dba Canopius Underwriting Agency Inc., Westport Insurance Corporation, Zurich Insurance PLC UK Branch, and Chubb Insurance Company of Canada: Ron H. Burnovski, Charles W. Deutsch, Sava Ale xa n d e r Vo jc a n in For Defendant Liberty Mutual Fire Insurance Company: Nicholas J. Boos TEN TATIVE RULIN G : For the reasons set fort...
2024.05.01 Motion to Quash Service of Summons and Complaint 132
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2024.05.01
Excerpt: ... p p e in e r For Defendants Channe Coles and The Law Office of Channe G. Coles : R. Chris Kroe s Fo r De fe n d a n t s P a t r ic ia W o llu m a n d Su s a n Re yn o ld s : G a b r ie lla L. St e r n f e ld , D a v id A. Napper, Gregory K. Sabo For Defendant and Cross-Complainant Help Unlimited, Inc .: Br a n d t O . Ca u d ill, J o a n E. Tr im b le For Defenda nt Honor Home Ca re Services Ca lifornia , Inc .: M a r ily n R. Vic t o r , As h t...
2024.05.01 Motion for Summary Judgment, Adjudication 092
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2024.05.01
Excerpt: ...effrey Handy : Se lf-Represented R U LI N G For all reasons discussed herein, the motion of Plaintiff for summary judgment is d e n ie d . Th e a lt e r n a t iv e m o t io n o f P la in t iff fo r s u m m a r y a d ju d ic a t io n o f t h e second through eighth affirmative defenses is granted, in part, with respect to t he second, t hird, fourth, fifth, and seventh affirmative defenses asserted in the answer filed by Defendant Jeffrey Handy on...
2024.05.01 Demurrers 404
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2024.05.01
Excerpt: ...rosby and Susan Crosby R U LI N G S The Crosbys' demurrer to the SAPC is sustained with respect to the sixth, tenth, eleventh, twelfth, thirteenth, and fourteenth causes of action, and is overruled with respect to the seventh, eighth, and ninth causes of action. The County's demurrer to the SAPC is sustained in its entirety. As a result of the parties' agreement that the Schwobs would not further amend their pleading beyond the SAPC, this action ...
2024.04.29 Motion for Evidentiary, Issue Sanctions 902
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2024.04.29
Excerpt: ...ty Of Santa Barbara: Ra c h e l Va n M u lle m , J u liu s Abanise, Office of the County Counsel TEN TATIVE RULIN G : The motion of defendant the County of Santa Barbara is denied without prejudice. Plaintiff is ordered to provide, on or before May 20, 2024, verified responses, without objections, to the set one form interrogatories, special interrogatories, and demands f or inspection of defendant the County of Santa Barbara. Defendant is ordere...
2024.04.29 Motion to Strike Prayer for Punitive and Exemplary Damages 596
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2024.04.29
Excerpt: ... n i -Nejad, Mohamad Ahmad, Hani Ganji, Kermani LLP For Defendant s Brooke Woollard and Scot t Woollard : N o la n S. Armst rong, Cait lyn M. Harris, McNamara, Ambache r, W he e le r, Hirsig &Gray LLP TEN TATIVE RULIN G : The motion of defendants Brooke Woollard and Scott Woollard is granted, with leave to amend. The prayer for punitive damages alleged in prayer paragraph 3 of plaintiffs' complaint, appearing at page 5, line 18 of the complaint, ...
2024.04.29 Motion to Stay 345
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2024.04.29
Excerpt: ...nda nt Lyft , Inc. : Megumi Horiuchi and Elm ir a D a n ie ly a n Fo r De fe n d a n t Be r t in So lis : No appearance TEN TATIVE RULIN G : Defendants' Motion to Compel Arbitration is granted. Th is a c t io n is o r d e r e d stayed pending the completion of arbitration. Background: Th is a c t io n c o m m e n c e d o n O c t o b e r 3 , 2 0 2 3 , b y t h e f ilin g o f t h e J u d ic ia l Co u n c il Form Complaint by plaintiffs Elliot Kreite...
2024.04.26 Motion to Strike 736
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.04.26
Excerpt: ... Ch r is t in a Th o m a s a n d Ale xa n d r e H o r t (c o lle c t iv e ly “p la in t if f s ”) against defendants Jill Dore Kent and Martin Mielko (collectively “defendants”) setting forth 10 caus es of action. On August 8, 2023, plaintiffs filed their first amended complaint. On October 23, 2023, plaintiffs filed their second amended complaint (“SAC”) setting forth causes of action for: (1) Breach of contract; (2) Violation of Sta...
2024.04.26 Motion to Enforce 595
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.04.26
Excerpt: ...Multiservice Santa Barbara, LLC seeking injunctive relief for alleged violations of the Immigration Consultant Act. On December 5, 2023, plaintiff made a settlement offer that included enjoining defendants from further violations of the Immigration Consultant Act and payment of fees and costs in the amount of $12,500.00. (Brown Dec., ¶ 1 & Exh. 1.) Defendant accepted the o ffe r. (Bro w n D e c ., ¶ 2 & Exh . 2 .) On January 10, 2024, the parti...
2024.04.26 Motion for Summary Judgment 245
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.04.26
Excerpt: ... cross- actions arise out of the ownership of real property located at 1790 Eucalyptus Hill Road, Santa Barbara (the Property) by plaintiff, cross-defendant, and cross -c o m p la in a n t Alis o n E. Chase and defendant , c r o s s-complainant, and cross -defendant Brian M. Metcalf. (1 ) P r o c e d u r a l H is t o r y On June 7, 2021, Chase filed her original complaint in this action asserting a cause of act ion for part it ion sale of the Pro...
2024.04.26 Motion for Judgment on the Pleadings 612
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.04.26
Excerpt: ...Santa Barbara (the City) in the City Administrator's Office from December 1998 until her resignation in 2022. (Complaint, ¶ ¶ 1, 17, 40.) As alleged in the complaint, during Johnson's e m p lo y m e n t w it h t h e Cit y , s h e w a s r e s p o n s ib le f o r h ig h v is ib ilit y , h ig h -le v e l, a n d complex assignments on behalf of the City Administrator and City Council which involved directing interdepa rtmental teams, serving as the...
2024.04.26 Motion for Determination of Good Faith Settlement 346
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.04.26
Excerpt: ...0 1 9 , b y t h e f ilin g o f t h e c o m p la in t b y plaintiffs John C. Ellsworth and Janice L. Ellsworth as Trustees of the Casa Gran Vista Revocable Trust against defendants Sierra Pacific Windows (“Sierra”) and Ken Taub dba KT Constru ction Company (“KT”) setting forth causes of action for: (1) Negligence; (2) Negligence per se; (3) Breach of contract; (4) Breach of implied and express warranties; and (5) Breach of implied warranti...
2024.04.26 Demurrer 374
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.04.26
Excerpt: ...nt, if any, on or before May 6, 2024. Background: Th e f ir s t a m e n d e d c o m p la in t (F AC) f ile d b y p la in t if f Lilly Te is h e r in t h is m a t t e r o n December 22, 2023, is the operative pleading. As alleged in the FAC: Defendant Sigma Nu, Kappa Eta Chapter (Kappa Eta) is a branch of defendant Sigma Nu Fraternity, Inc. (Sigma Nu National) that operates a fraternity house located at 6587 Del Playa Drive in Goleta, California (...
2024.04.24 Motions to Compel Further Responses 958
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2024.04.24
Excerpt: ...Berger & Associates R U LI N G (1) For all reasons discussed herein, the motion of Plaintiff to compel further responses to set one form interrogatories and for monetary sanctions against Defendant Art & Elements, Inc., is granted, in part, as to Plaintiff's form int e rrogat ory numbe rs 1 4.1, 14.2, and 16.8, and denied as to form interrogatory number 16.7. (2) For all reasons discussed herein, the motion of Plaintiff to compel further response...
2024.04.24 Motion for Summary Judgment 886
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2024.04.24
Excerpt: ...o mp an y [“HLC”]: Ro b e rt J. W ilge r, Sarah Jab i n Issue Defendants Motion for Summary Judgment R U LI N G S For the reasons set out below W 1 . P la in t if fs o b je c t io n t h a t t h e M SJ w a s u n t im e ly f ile d is D EN IE a 2. HLC's MSJ against Counts #1 and #2 and #3 and #4 are DENIED . 3 . HLC's M SJ a s t o t h e P la in t iff's P u n it ive Da m a ge Cla im is GRAN TED . Acknowledgement s The Court acknowledges and appre...
2024.04.22 Motion to Compel Individual Arbitration and Stay Representative PAGA Claims 610
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2024.04.22
Excerpt: ...a im s ATTO RN EYS : Fo r P la in t iff Ta lia Ke e lin g : Piya Mukherjee, Nicholas J. De Blouw For Defenda nt Vict oria 's Secret St ores, LLC. : Jennifer F. D e la r o s a , P h illip J . Es ke n a zi TEN TATIVE RU LIN G : Defendants' Motion to Compel Individual Arbitration is granted. Th e representative PAGA claims are ordered stayed pending the completion of arbitration. Background: This action commenced on December 19, 2023, by plaintiff T...
2024.04.22 Motion for Summary Judgment 133
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2024.04.22
Excerpt: ...presented TEN TATIVE RU LIN G : The motion for summary judgment of plaintiff Anatega Partners, LLC, is denied. Background: Plaintiff Anatega Partners, LLC (APL), filed this unlawful detainer action against defendant Peter Lance (Lance) on February 28, 2024. As alleged in the complaint, APL and Lance entered into a fixed -term lease on February 6, 2020, for premises owned by pla intiff and located at 112 East Ortega Street, Unit #207, within the c...
2024.04.19 Motion for Summary Judgment 250
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.04.19
Excerpt: ... of California (University) as an Assistant Coach for Cross County and Track & Field (Distance). (Plaintiff's Response Separate Statement [PSS], undisputed fact 1.) Track and Field and Cross Country are two separate subsets of the same program. (PSS, undisputed fact 2.) In 2018, the Director of Track and Field and Cross County was Peter Dolan. (PSS, fact 18 [undisputed on this point].) Dolan oversaw both Cross Country and Track and Field subsets ...
2024.04.19 Motion for Attorney Fees 056
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.04.19
Excerpt: ...n (plaintiff) and against defendants Lucas Carl Steuber and Estelle Lynn Konrad (defendants) in the total amount of $8,096.97. (Ferns decl., ¶ 3 & exhibit 1.) The Oregon Judgment includes an award of at t orne y fe e s. ( Ib id .) On June 2, 2022, a judgment was entered in this court as a sister -state judgment based upon the Oregon Judgment, and including accrued interest, in the amount of $9,781.61. On July 26, 2022, the court issued a writ of...
2024.04.19 Motion for Judgment on the Pleadings 556
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.04.19
Excerpt: ... filed a complaint against defendant Covenant Living West, Inc. (Covenant Living) asserting seven causes of action: (1) failure to provide meal and rest periods (Lab. Code, §§ 226.7 & 512; IWC wage orde rs); (2) failure to pay overtime wages (Lab. Code, § 510 et seq.); (3) failure to pay final wages (Lab. Code, §§ 201, 202, 203); (4) failure to provide accurate itemized wage statements (Lab. Code, §§ 226, 1174); (5) failure to pay wages wh...
2024.04.19 OSC Re Sanctions 207
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.04.19
Excerpt: ...ered to give notice of the court's ruling herein. Background: Plaintiff Fernando Castro-Ra m ir e z f ile d a c o m p la in t in t h is m a t t e r o n O c t o b e r 2 6 , 2022, alleging five causes of action against defendant General Motors, LLC (GM): (1 ) v io la t io n o f Civ il Co d e s e c t io n 1 7 9 3 .2 , s u b d iv is io n (d ); (2 ) v io la t io n o f Civ il Code sect ion 1793.2, subdivision (b); (3) violation of Civil Code section 17...
2024.04.19 Motion for Summary Judgment 501
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.04.19
Excerpt: ...e r f ile d h is f ir s t a m e n d e d c o m p la in t (FAC). Th e FAC a s s e r t e d e ig h t c a u s e s o f a c t io n : (1 ) f a ls e a r r e s t ; (2 ) f a ls e im p r is o n m e n t ; (3 ) n e g lig e n c e ; (4 ) b a t t e r y ; (5 ) in t e n t io n a l in f lic t io n o f e m o t io n a l d is t r e s s ; (6 ) v io la t io n o f s t a t u t o r y d u t y t o properly train officers; (7) violation of statutory duty to properly supervise ...
2024.04.19 Motion to Vacate Summary Judgment, Reinstate, and Exonerate Bail Bond 612
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.04.19
Excerpt: ...nt Marlon Anibal Valle -M e jia (“Va lle -M e jia ”). On July 19, 2022, Valle -Mejia failed to appear in court for a preliminary hearing. A bench warrant was issued, and the matter was continued. On August 8, 2022, Va lle -Mejia again failed to appear for a preliminary hearing and the matter was again continued. On August 29, 2022, Valle -Mejia again failed to appear in court and the bail was ordered forfeited. Notice was mailed to ASC on Aug...
2024.04.19 Motions to Compel Further Responses 348
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.04.19
Excerpt: ... documents are each denied. Background: As a lle g e d in t h e c o m p la in t f ile d in t h is m a t t e r o n Ap r il 3 , 2 0 2 3 , b y p la in t if f J o h n Doe: In August 2014, plaintiff was hired to work at defendant Norman's Nursery, Inc. (NNI). (Compl., ¶ 12.) Defendant Cuauhtemoc Rodriguez (Rodriguez) was p la in t if f 's s u p e r v is o r . ( Id . at ¶ 13.) Rodriguez constantly made sexual comments about plaintiff and was reported...
2024.04.15 Motions to Compel Further Responses, for Sanctions 800
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2024.04.15
Excerpt: ...al Interrogatories, Set One, and Request For Sanctions Against Defendant And Defendant's Counsel (3) Motion To Compel Further Responses To Form Interrogatories, Set One, and Request For Sanctions Against Defendant And Defendant's Counsel (4) Motion To Compel Further Responses To Requests For Production Of Documents, Set One, and Request For Sanctions Against Defendant ATTO RN EYS : For Plaintiff Renee Yancheck: Bradley S. Wallace, Thomas R. Burns...
2024.04.15 Demurrer 098
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2024.04.15
Excerpt: ...ven Lopez : Mark Cardona, Legal Aid Foundation of Santa Barbara County TEN TATIVE RU LIN G : The demurrer of defendants to plaintiff's complaint is sustained with leave to amend. Plaintiff shall file and serve any first amended complaint on or before April 22, 2024. Background : On January 19, 2024, plaintiff Leticia Castillo filed a complaint for unlawful detainer against defendants Natalie Aguirre and Deven Lopez (collectively, defendants). As ...
2024.04.10 Motion to Continue Trial 958
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2024.04.10
Excerpt: ...meron Issue Defendant Art's Motion to Continue the Trial Date [and related dates]. R U LI N G 1 . Th e M o t io n is a GRAN TED . 2. The Current Trial Date of July 31, 2024 is continued 120+ days to December 4, 2024 at 11:30am. 3. The Current MSC Date of 7/ 12 is continued to 10/ 25/ 24 at 8:30am in Department #5. 4. The Current final CMC set for 5/ 1 is continued to 9/ 11/ 24 at 8:30am in this Department. 5. All trial related cutoff dates are no...
2024.04.10 Motion to Compel Further Deposition 762
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2024.04.10
Excerpt: ... and served on 4/5/24 _ The reply was filed and served on 4/8 The Court has read and considered a total ofabout 180 pages submitted _ RUIINGSU-J 1. The Motion to Compel: For the reasons set out below the Motion To Compel is DENIED. 2. Ihe The Court has read and considered these documents; as for Plaintiffs report that the deposition ofMs. Gonzalez and completing the deposition of Detective Harrison are necessary for Plaintiff to be adequately pre...
2024.04.10 Motion to Compel Depositions of PMK 446
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2024.04.10
Excerpt: ...endant's person most knowledgeable shall take place no later than May 10, 2024. 2. Unless otherwise mutually agreed, the depositions shall occur in person. 3. Unless otherwise mutually agreed, the depositions shall take place in Santa Barbara at a location chosen by plaintiff. 4. Counsel for both parties are ordered to meet and confer - prior to the hearing on 4/ 10 - and with these guidelines in mind, agree on the deposition schedule. 5. Counsel...
2024.04.10 Motion for Approval of Settlement Agreement and Release of PAGA Claims 778
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2024.04.10
Excerpt: ...g h t G a b le r H e a r in g : Plaintiff's Second Renewed Motion To Approve Settlement Agreement and Release Of PAGA Claims Pursuant To Labor Code Section 2698 et seq. R U LI N G For all reasons discussed herein, the second renewed motion of Plaintiff to approve settlement agreement and release of PAGA claims pursuant to Labor Code Section 2698 et seq. is granted. Ba c kgr o u n d O n Fe b r u a r y 2 5 , 2 0 2 2 , P la in t if f J o s e f in a ...
2024.04.10 Demurrer to FAC 469
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2024.04.10
Excerpt: ...Calendar at 8:30am and the Law & Motion Calendar at 10:00am. Both matters will be called at 8:30am. The Demurrer: For the reasons set forth herein, Defendant's demurrer to P la in t if f 's f ir s t a m e n d e d c o m p la in t is s u s t a in e d w it h le a ve t o a m e n d . P la in t if f shall file and serve his second amended complaint no later than May 1, 2024. The CMC: The CMC is continued to July 10, 2024, at 8:30am Ba c kgr o u n d Thi...
2024.04.08 Motion to Strike 268
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2024.04.08
Excerpt: ...& Martin for plaintiffs R. Sc o t t Turicchi and Lannette C. Turicchi Randy Quaid and Evgenia Quaid are currently in pro per TEN TATIVE RULIN G : For the reasons articulated below, the Court will strike the special motion to strike, based upon its extraordinary untimeliness, finding that it would be an abuse of the Court's discretion to hearing the motion on its merits under the circumst ance s which are present in this case. Background : This ac...
2024.04.08 Motion to Apply Proceeds from Sale of Liquor Licenses in Satisfaction of Judgment 393
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2024.04.08
Excerpt: ...r Pla int iff Employers Assura nce Co m p a n y : Tim o t h y Ca r l Air e s For Defendant Santa Barbara Shellfish Co m p a n y : No appearance For Defendant Death Star, LLC : No appearance TEN TATIVE RULIN G : P la in t if f 's m o t io n is d e n ie d . Background: This action was commenced on August 4, 2023, by the filing of the complaint by plaintiff Employers Assurance Company (“EAC”) against defendants Santa Barbara S h e llf is h C o ....
2024.04.05 Motion to Strike, to Seal, for Attorney Fees 147
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.04.05
Excerpt: ...n d a n t is d e n ie d as to the ninth cause of action alleged in plaintiff's complaint. (2) For all reasons discussed herein, the motion of plaintiff to seal the declaration of Alexander Alobeydi is granted. The declaration of Alexander Alobeydi lodged conditionally under seal on February 20, 2024, is ordered filed under seal. No ot he r court records or records relating to the case are to be sealed at this stage of the proceedings. Only the co...
2024.04.05 Motion to Set Aside Entry of Default 161
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.04.05
Excerpt: ...or assault, battery, in t e n t io n a l in f lic t io n o f e m o t io n a l d is t r e s s , a n d n e g lig e n c e . As alleged in the complaint: On May 19, 2022, at 20 Winchester Canyon Road, Goleta, plaintiff was approached by defendant, who is taller and heavier than plaintiff, wherein an argument ensued, and defendant picked plaintiff up and dropped him to the floor causing injuries. (Complaint, ¶ 4.) Defendant was served with the summon...
2024.04.05 Motion to Dismiss Class Member 317
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.04.05
Excerpt: ... as the status of the District Court case, no later than April 17, 2024. 3. P la in t if f s h a ll p r o v id e n o t ic e o f t h is r u lin g t o a ll p a r t ie s . Background: Th is a c t io n c o m m e n c e d o n J u ly 3 , 2 0 1 8 , b y t h e f ilin g o f t h e o r ig in a l c o m p la in t b y plaintiffs Michael Dennis and all those similarly situated against defendants Ralph T. Ianelli, Essex Capital Corporation (“Essex”), and Does ...
2024.04.03 Petition to Compel Arbitration and Stay Proceedings 391
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2024.04.03
Excerpt: ... . Th e action is ordered stayed pending the completion of arbitration. Ba c kgr o u n d This action commenced on August 4, 2023, by the filing of the complaint by Plaintiff Katie Carpenter against Defendants Kathy Mora, Assad Mora, and The Assad and Kathy Mora Trust. The complaint alleges two causes of action as f o llo w s : (1 ) N e g lig e n c e , a n d ( 2) Fraud and Deceit: Fraudulent Concealment; Negligent and Intentional Misrepresentation...
2024.04.03 Motion to Compel Deposition of PMK 453
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2024.04.03
Excerpt: ...e Law Group, APC R U LI N G For all reasons discussed herein, the motion of Plaintiff to compel the deposition of the person most knowledgeable for Defendant is granted, in part. The deposition of Defendant's person most knowledgeable shall commence on April 12, 2024, unless the part ies otherwise agree in writing. Except as otherwise herein granted, the motion is denied. The Court will not continue the trial date. Ba c kgr o u n d O n Ap r il 6 ...
2024.04.03 Motion for Summary Judgment, Adjudication 905
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2024.04.03
Excerpt: ...oca-Cola Bottling, LLC and Garfield Beach CVS LLC: Traci S. Lagasse and Austin R. Wallick R U LI N G For the reasons set forth herein each of Defendants' motions for summary judgment or in the alternative summary adjudication are denied. Ba c kgr o u n d This action commenced on July 27, 2022, by the filing of the complaint by Plaintiff Robin Kimball against Defendant Garfield Beach CVS, LLC, erroneously sued as CVS Pharmacy, Inc. (“GBCVS”), ...
2024.04.03 Motion for Summary Adjudication 041
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2024.04.03
Excerpt: ... Trust, and Linda G. Clough, trustee of the Li n d a G . Clough Trust : Timothy J. Trager, Reicker, Pfau, Pyle & McRoy LLP R U LI N G For the reasons set forth herein, the motion of Defendants for summary adjudication is denied. Ba c kgr o u n d (1 ) Allegations of the Complaint As a lle g e d in t h e c o m p la in t o f P la in t if f s Alla n G a g e O ls o n a n d D a n ie l A. O ls o n (t h e Olsons), co-trustees of the Olson Family Trust da...
2024.03.29 Motion to Compel Arbitration 162
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.03.29
Excerpt: ...anta Barbara County Flood Control and Water Conservation District for a Water Supply” (the State W ate r Cont ract ) which provi ded for the allocation, conveyance, and delivery of water through the State Water Project (SWP) in exchange for payments by defendant Santa Barbara County Flood Control and Water Conservation District (District) to the State. (Defendant's Response Separate Statement [DSS], undisputed fact 1.) (Note: The operative plea...
2024.03.29 Motion for Summary Judgment 432
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2024.03.29
Excerpt: ...anta Barbara County Flood Control and Water Conservation District for a Water Supply” (the State W ate r Cont ract ) which provi ded for the allocation, conveyance, and delivery of water through the State Water Project (SWP) in exchange for payments by defendant Santa Barbara County Flood Control and Water Conservation District (District) to the State. (Defendant's Response Separate Statement [DSS], undisputed fact 1.) (Note: The operative plea...

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