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2278 Results

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2023.03.10 Demurrer, Motion to Strike 456
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.03.10
Excerpt: ... automobile versus bicyclist accident that occurred on January 3, 2021, on Highway 101, crossing the Arroyo Quemada Bridge in Santa Barbara County, California. Plaintiff Ronald Wilmot was riding his bicycle southbound on Highway 101 when he was struck by a vehicle being driven by defendant Susan McCurnin. Plaintiffs Ronald and Sandy Wilmot filed their original complaint on February 3, 2022. Thereafter, on May 19, 2022, plaintiffs filed their firs...
2023.03.08 Motion to Seal 933
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.03.08
Excerpt: ...ions of the Motion for Summary Judgment or Adjudication is granted. The unredacted confidential documents and information derived therefrom, as reflected in the redacted version of the County of Santa Barbara's filed motion for summary judgment, shall be sealed. Defendant County of Santa Barbara is directed to prepare an order pursuant to the Court's ruling that complies with California Rules of Court, rule 2.550(e). Background By way of her comp...
2023.03.06 Motion for Final Approval of Class Action Settlement 836
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.03.06
Excerpt: ...ranz, O'Hagan Meyer TENTATIVE RULING: For the reasons set forth herein, plaintiff's motion for final approval of class action settlement is granted in accordance with this ruling. Counsel shall appear at the hearing of this motion and shall be prepared to discuss any other matters remaining for the Court at this time. Background: Plaintiff Jose Aguilar's first amended complaint filed on July 23, 2021 (the FAC), alleges causes of action against de...
2023.03.03 Motions to Compel 958
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.03.03
Excerpt: ... twenty, and twenty-two. Dr. Saunders shall file and serve code compliant further responses to the request for production of documents (set one) no later than March 24, 2023. (2) The motion to compel further responses to requests for admissions (set one) is denied. (3) The motion to compel further responses to form interrogatories (set one) is denied as to interrogatories 12.1, 12.2, 12.3, 12.4, 12.5, and 12.6. The denial with respect to 12.1 is ...
2023.03.03 Motion to Compel Production of Docs 077
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.03.03
Excerpt: ...pursuant to a stipulation by the parties and with leave of court, plaintiff HERBL, Inc. (HERBL) filed its second amended complaint (SAC) in this matter. The SAC is the operative pleading. As alleged in the SAC, HERBL operates a group of distribution centers that sell legal cannabis products across the State of California. (SAC, ¶ 8.) Defendant Central Coast Agriculture, Inc. dba Raw Garden (CCA) is engaged in the cultivation, manufacturing, and ...
2023.03.03 Motion for Clarification 505
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.03.03
Excerpt: ... ruling on the waiver of objections for Request for Production Nos. 9-40; (2) the Court did not order that all responsive documents must be provided by November 18, 2022, and in fact the time for production pursuant to the responses was not in issue before the Court on those motions. To the extent that a legitimate dispute arises about the production of documents, it can be brought before the Court by means of a further motion to compel productio...
2023.03.01 Motion to Declare Lack of Jurisdiction 781
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.03.01
Excerpt: ...Law For Additional Defendants: See list RULING For all reasons stated herein, the motion of Lisa Jaquez Quiroga for an Order Declaring Lack of Jurisdiction Over Defendant Manuel Jaquez or the Estate of Manuel Jaquez is denied without prejudice. Background Plaintiffs Cabo Pulmo Partnership (the partnership), Richard Underhill, and Fernando Mejorado (collectively, Plaintiffs) filed their complaint on April 23, 2014, alleging four causes of action f...
2023.03.01 Motion for Sanctions 662
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.03.01
Excerpt: ...kground Plaintiff Grant Beall filed the original complaint in this action on April 29, 2022. Prior to service of the complaint, he filed his First Amended Complaint (FAC) on May 19, 2022. The FAC alleged causes of action on behalf of Plaintiff and a class of similarly situated persons for (1) breach of contract, (2) breach of the warranty of habitability, (3) unfair business practices, (4) declaratory relief, and (5) unfair business practices—g...
2023.02.28 Motion to Require Undertaking 925
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2023.02.28
Excerpt: ... other health hazards. He alleges that he developed a form of cancer known as multiple myeloma from his exposure to subsurface contamination while living in there. Code of Civil Procedure section 1030 provides that upon a defendant's motion, the trial court “shall” order an out-of-state plaintiff to file an undertaking to secure recoverable costs and attorney's fees if the defendant shows a reasonable possibility that it will obtain judgment ...
2023.02.27 Demurrer 932
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.02.27
Excerpt: ...iltner, Autumn S. Frye, Miltner & Menck, APC TENTATIVE RULING: The demurrer of defendants Outco Labs, Inc., and Outco Mendocino-CD LLC is sustained, without leave to amend, as to the fifth cause of action (for issuance of a preliminary injunction) and is in all other respects overruled. Defendants Outco Labs, Inc., and Outco Mendocino-CD LLC shall file and serve their answer to the first amended complaint (as it is following this ruling) on or be...
2023.02.27 Motion for Summary Judgment 735
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.02.27
Excerpt: ...s of James Howard For Defendant Brian Gooch: No appearance TENTATIVE RULING: The motion of defendant Sean Wilczak for summary judgment and adjudication is denied. Background: This is an unlawful detainer action filed by plaintiff Americana Independence, Ltd., against defendants Sean Wilczak (Wilczak) and Brian Gooch (Gooch). As alleged in plaintiff's First Amended Complaint (FAC) filed on November 3, 2022, plaintiff is the owner of premises locat...
2023.02.27 Motion for Summary Judgment 282
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.02.27
Excerpt: .... Elkort, Ajay Sood, Morgenstern Law Group TENTATIVE RULING: (1) Defendant's motion for summary adjudication is granted in part with respect to plaintiff's claim for punitive damages only. Except as otherwise herein granted, plaintiff's motion for summary adjudication or, alternatively, summary judgment, is denied. (2) Plaintiff's counsel, John Kenneth Dorwin, is ordered to appear on March 27, 2023, at 10:00 a.m. in this Department, and show caus...
2023.02.27 Motion to Require Undertaking 591
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.02.27
Excerpt: ...for defendants, cross-complainants, and cross-defendants Annette Rubin and A. Stuart Rubin Daniel E. Engel for cross-defendant Las Canoas Co. dba Construction Plumbing TENTATIVE RULING: The Court will grant the motion, and impose upon the Rubins the requirement that they post an undertaking in the amount of 1.2 times the amount of the judgment entered against them (($577,424.75 x 1.2 = $692,909.90),, in order to stay enforcement of the judgment p...
2023.02.24 Motion to Compel Deposition of PMK, for Sanctions 576
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.02.24
Excerpt: ... El Capitan Canyon, LLC, and its counsel of record Murchison & Cumming, LLP, jointly and severally, in the amount of $1,260, payable to plaintiff's counsel. Payment of sanctions is due by March 24, 2023. Background: Plaintiff Mina Kolahi's complaint filed on August 12, 2020, alleges two causes of action for negligence and premises liability against defendant El Capitan Canyon, LLC. As alleged in the complaint, on June 30, 2020, plaintiff was with...
2023.02.22 Motion for Summary Judgment 981
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.02.22
Excerpt: ...it provides that the Motion for Summary Judgment filed on behalf of Defendant JERRY MITCHELL, M.D. is hereby granted in all respects. Background Plaintiff's complaint, filed December 21, 2021, alleges a single cause of action for medical negligence against various health care providers, including Defendant Jerry Mitchell, M.D. It alleges that Plaintiff underwent a right hip surgery on October 29, 2020, during which his right upper extremity was n...
2023.02.22 Demurrer 695
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.02.22
Excerpt: ...rst amended complaint no later than March 15, 2023. Background On January 4, 2023, Plaintiff Joseph DiBartolomeo filed his judicial council form complaint in this action asserting a single cause of action against defendant Unilab Corporation dba Quest Diagnostics, Inc. (Unilab) for breach of contract. As alleged in Plaintiff's complaint, on an unspecified date, there was a written contract wherein “[Unilab] would rent real property, and upon en...
2023.02.22 Demurrer 673
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.02.22
Excerpt: ...led as to the first, second, third, fourth, and sixth causes of action. The Demurrer to the fifth cause of action is sustained with leave to amend. Plaintiff Soul Bites Restaurants, Inc. shall file and serve its first amended complaint no later than March 15, 2023. Background On November 28, 2022, Plaintiff Soul Bites Restaurants, Inc. (“SBR”) filed its complaint in this action asserting six causes of action against Defendants Ajao Entertainm...
2023.02.21 Motion for Summary Judgment 866
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2023.02.21
Excerpt: ... Plaintiff's adult daughter, Jacqueline Westerfeld, estimated they had been to the ranch approximately sixteen (16) times. Plaintiff and her family would go horseback riding every time they visited Defendant's property. Plaintiff was accompanied on the trail ride on the day of the incident by her children, Jacqueline Westerfeld, Robert (“Bobby”) Westerfeld, and her husband, Bryan Westerfeld. Plaintiff was riding a horse named “Major” at t...
2023.02.17 Motion for Summary Judgment 607
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.02.17
Excerpt: ... (Jordan). (Note: Due to common surnames and to avoid confusion, the court will refer to defendants, individually, by their first names. No disrespect is intended.) Plaintiff alleges that on June 27, 2021, plaintiff was driving his 2001 Vespa scooter at Las Positas Road and Cliff Drive in Santa Barbara, California, when Louis and Jordan's vehicle struck the scooter causing injuries and damages to plaintiff. On October 26, 2021, Louis and Jordan f...
2023.02.17 Demurrer, Motion to Strike, for Sanctions 361
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.02.17
Excerpt: ...t filed on August 26, 2022, with leave to amend in accordance with this ruling. Plaintiff shall label her amended pleading to be filed with this court as a third amended complaint. Plaintiff shall file and serve her third amended complaint on or before March 3, 2023. Plaintiff shall not file any further amended pleadings without first obtaining leave of court in accordance with this ruling. (3) For all reasons discussed herein, defendants' motion...
2023.02.17 Motion for Sanctions 877
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.02.17
Excerpt: ...ca Newbatt (B Newbatt), Mitchell C. Lipkin (Lipkin), Michael J. Bellas (Bellas), Jimmie Garrett Baker, Jr. (Baker Jr.), and WesTele Utility Solutions, LLC (WesTele), asserting eight causes of action for: (1) breach of contract (against Lipkin, Bellas, and Baker Jr. only); (2) breach of the implied covenant of good faith and fair dealing (against Lipkin, Bellas, and Baker Jr. only); (3) misappropriation of trade secrets (Civ. Code, § 3426 et seq....
2023.02.17 Demurrer 687
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.02.17
Excerpt: ...lly and as the conservator for Ellen P. Shurtleff (Ellen), and Ellen, as a conserved individual, alleges seven causes of action as follows: (1) breach of written contract (against defendants Sanctuary Centers of Santa Barbara, Inc. (Sanctuary), and AVA Billing & Consulting, LLC (AVA)); (2) conversion (against Sanctuary) (3) fraud (against Sanctuary, AVA, and defendants Lisa B. Moschini (Moschini), Barry R. Schoer (Schoer), and Ashton V. Abernathy...
2023.02.17 Motion to Compel Enforcement of Settlement Agreement 421
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.02.17
Excerpt: ..., 2018, a vehicle operated by Lianna Jane Vaughn (Vaughn) was driving directly behind plaintiff, and defendant Katelyn Elizabeth Orr (Katelyn) was driving directly behind Vaughn's vehicle. (Note: Due to common surnames and to avoid confusion, the court may refer to defendants by their first names. No disrespect is intended.) Katelyn's vehicle collided with Vaughn's vehicle which, in turn, collided into the rear end of plaintiff's vehicle. Plainti...
2023.02.17 Motion to Enforce Judgment 451
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.02.17
Excerpt: ...aren (McLaren). As alleged in plaintiff's complaint filed on February 3, 2022, plaintiff rented premises located at 4591 Cathedral Oaks Road in Santa Barbara, California (the premises) to McLaren pursuant to a written lease agreement dated August 3, 2012. McLaren agreed to pay monthly rent for the premises in the amount of $450 per month, which was later increased to $525 per month. On December 19, 2021, plaintiff personally handed a copy of a 3-...
2023.02.17 Motion to Stay Proceedings 462
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.02.17
Excerpt: ... Covenants, Conditions, and Restrictions; (3) Public Nuisance; and Declaratory Relief on M. Barry Semler (Semler) and Sycamore Creek Estates, LLC (Sycamore) (collectively, “defendants”). The complaint relates to the use of real property owned by defendants on land known as Primavera Estates in Santa Barbara. Plaintiffs allege that defendants' building of a wedding facility or event venue on property that is the subject of this action constitu...
2023.02.17 Motions to Compel Further Responses 198
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.02.17
Excerpt: ...ries from defendant Linda Hong Sun Stein is granted to compel further responses to form interrogatory No. 17.1 as to request for admission No. 34, and to special interrogatories Nos. 52, 53, 54, 55, and 56. Also, with reference to the discussion herein, to the extent that Linda Hong Sun Stein's response to special interrogatory No. 11 is not now complete and accurate, a further response will also be required to that interrogatory. The motion is i...
2023.02.10 OSC Re Sanctions, Motion for Judgment on the Pleadings 042
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.02.10
Excerpt: ...er by plaintiff. The complaint was filed on October 12, 2021, and alleged causes of action for common counts (open book account, account stated, money lent by plaintiff to defendant at defendant's request, and money paid, laid out, and expended to or for defendant at defendant's special instance and request) against defendant. The complaint alleges that the amount due to plaintiff and unpaid by defendant totals $8,054.97. Defendant answered the c...
2023.02.10 Motion to Seal, for Summary Judgment 844
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.02.10
Excerpt: ...ed. For all reasons discussed herein, defendant's motion for summary adjudication of the second, third, fifth, sixth, seventh, and eighth causes of action, and fourth cause of action for failure to prevent harassment and retaliation, alleged in plaintiff's second amended complaint, is denied. The court therefore also denies defendant's motion for summary judgment. (2) For all reasons discuss herein, defendant's motion to file exhibits under seal ...
2023.02.10 Motion to Declare Vexatious Litigant 146
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.02.10
Excerpt: ...filing requirements of Code of Civil Procedure section 391.7 as follows: 1. Plaintiff is prohibited from filing any new litigation in the courts of this state in propria persona without first obtaining leave of the presiding justice or presiding judge of the court where the litigation is proposed to be filed. Disobedience of the order by a vexatious litigant may be punished as a contempt of court. 2. The presiding justice or presiding judge shall...
2023.02.10 Motion Re Penalties and Interest 026
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.02.10
Excerpt: ...at a violation of its electricity tax ordinance by defendant Southern California Edison Company for failure to collect tax as required by law. Further proceedings are required to resolve the issue of penalties and interest as to the City of Culver City. (3) Counsel are ordered to appear at the hearing of this matter and to be prepared to discuss scheduling and all other aspects of further proceedings in this matter. Background: (1) Allegations of...
2023.02.10 Motion for Terminating Sanctions 728
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.02.10
Excerpt: ...3-15, and 17-26, and to do so on or before March 3, 2023. If Hashimoto, upon being provided with actual notice of this order (either by presence at the CMC in Case No. 18CV05728, being held concurrently with this motion, or by being provided with notice in the manner specified below), fails to comply with it, the Court will entertain a further motion for terminating or enhanced sanctions by Regents. Background: On March 26, 2021, plaintiff Ryan H...
2023.02.07 Motion for Judgment on the Pleadings 341
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2023.02.07
Excerpt: ...d the second for “illegal taking of water.” Isabella seems to acknowledge the existence of a 10-foot wide easement across its property, in which cross-defendants are dominant tenement holders. Further (according to the pleading), the easement allows access for a “water well site purposes, pumping plant and incidentals thereto,” and for “water line purposes, repairs . . . .” Isabella contends that despite this “extremely limited use ...
2023.02.06 Motion to Compel Further Responses 616
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.02.06
Excerpt: ..., M.D.: Kevin Gerry, The Law Offices of Kevin Gerry For Defendants Mikki Reilly and Fitness Transform: Matthew Olufs, Law Office of Matthew Olufs For Defendant Financial Credit Network, Inc.: Gabe P. Wright, Trevor S. Locko, Hahn Loeser & Parks LLP TENTATIVE RULING: (1) The motin of defendants Mikki Reilly and Fitness Transform's to compel plaintiff's further responses to form interrogatories, set one, is granted in part. Plaintiff shall serve a ...
2023.02.06 Motion for Attorney Fees 285
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.02.06
Excerpt: ...en M. Selna and Robert W. Selna of Selna Partners and Naomi R. Dewey and Nicole Hornick of Trusted Legal, PLC TENTATIVE RULING: The motion is granted. The court awards attorney fees in favor of Jonas Svensson against i073 and Tristan Strauss in the amount of $87,591.50. The court confirms costs on appeal of $148.50. Background: Petitioner Jonas Svensson (“Svensson”) is a current shareholder and director of respondent i073 Investments, Inc. (�...
2023.02.03 Demurrer, Motion to Strike 505
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.02.03
Excerpt: ..., Inc., shall file and serve their respective answers to plaintiff's second amended complaint on or before February 15, 2023. Background: This action was commenced on August 23, 2019, when plaintiff Remedial Construction Services, L.P. (RECON) filed its original complaint naming as defendants AECOM, Inc. and AECOM Technical Services, Inc. (AECOM Technical) (collectively, AECOM), among other defendants. RECON filed a first amended complaint on Oct...
2023.02.03 Motion for Leave to File Complaint in Intervention 960
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.02.03
Excerpt: ...osed plaintiff in intervention shall serve notice of this court's ruling herein and the complaint in intervention in accordance with the provisions of Code of Civil Procedure section 387, subdivision (e). Background: Plaintiff Sheny Juarez's complaint filed on May 24, 2022, alleges two causes of action for general negligence and premises liability against defendants the Contreras Corporation (Contreras) and the Alvaro Family Trust (the trust) (co...
2023.02.03 Motion for Summary Judgment 100
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.02.03
Excerpt: ...t. Subsequently, Gonzalez dismissed Blount as a defendant and substituted in Adolph Costello. Plaintiff asserts causes of action for negligence and premises liability. As alleged in the complaint, on February 13, 2021, Gonzalez was lawfully on the Costco premises and, while using the premises in a reasonably foreseeable manner, she was seriously injured when she slipped and/or fell due to spillage on the floor that created an unreasonable risk of...
2023.01.31 Demurrer, Motion to Strike 266
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2023.01.31
Excerpt: ... pursuant to Business and Professions Code section 7031. The court agreed to the stipulation in signed order. Defendants Christopher Hulme (Hulme) and Clearview Property Services, Inc. (Clearview) have filed a joint demurrer as to the new first cause of action based on disgorgement, claiming the first cause of action is barred by the applicable one-year statute of limitations per Code of Civil Procedure section 340, subdivision (a) [“an action ...
2023.01.30 Motion for Trial Preference 026
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.01.30
Excerpt: ...g and be prepared to discuss trial dates consistent with this ruling. Background: Plaintiff Peter Kurrels' first amended complaint (FAC) filed on July 25, 2022, is the operative pleading in this matter. As alleged in the FAC, on February 15, 2020, plaintiff entered into a written month-to-month rental agreement with defendant Rodney E. Lund (Lund) to rent the premises located at 517 Scenic Drive in Santa Barbara, California. (FAC, ¶¶ 7, 10.) Lu...
2023.01.27 Motion for Summary Judgment 555
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.01.27
Excerpt: ...c., and Tyler Development Company (Tyler). Plaintiffs filed the operative first amended complaint (FAC) on November 7, 2018, removing Rolls Scaffold & Equipment, Inc. as a defendant. Plaintiffs assert five causes of action: (1) Strict Product Liability (as to Rolls), (2) Negligence – Products Liability (as to Rolls), (3) Breach of Implied Warranties (as to Rolls), (4) Negligence (as to Tyler), and (5) Loss of Consortium (as to all defendants). ...
2023.01.27 Motion for Summary Judgment 335
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.01.27
Excerpt: ...ition in accordance with this ruling. Unless defendants appear and present evidence sufficient to demonstrate a triable issue of fact with regard to, or a complete defense to, Essex's cause of action for unlawful detainer, the court will grant Essex's motion. Background: Plaintiff Essex Management Corporation (Essex) filed this unlawful detainer action against defendants Mark A. Moore (Moore) and Kelsey Carver (Carver) on November 2, 2022. Essex ...
2023.01.27 Demurrer 432
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.01.27
Excerpt: ...ict shall file and serve its first amended cross-complaint on or before February 7, 2023. Background: (1) Allegations of Petitioners' Second Amended Petition As alleged in the petitioners' second amended petition and complaint (SAP): Petitioner and plaintiff Central Coast Water Authority (CCWA) is a joint powers authority formed by and for the benefit of its eight public agency members (CCWA Members), namely, petitioners and plaintiffs Carpinteri...
2023.01.27 Demurrer 047
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.01.27
Excerpt: ...se on December 9, 2020, for $4,000.00 per month. Prior to the expiration of the lease, it was extended through December 31, 2022, with all terms remaining unchanged. (Complaint, ¶ 6 & Exh. 1.) Kreutzer alleges that the tenancy is not subject to the Tenant Protection Act of 2019. (Complaint, ¶ 7.) On December 16, 2022, the Gardners were served with a Three-Day Notice to Quit for noncurable breach of “occupant holding over after having an emplo...
2023.01.24 Motion to Dismiss 839
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2023.01.24
Excerpt: ...Requiring Plaintiff to File an Undertaking. Procedural History Mathew Painter filed a complaint for damages based on medical malpractice on August 30, 2016.[1] Defendants answered on November 16, 2016. Trial was first set to commence on March 5, 2018. (See April 3, 2017 MO.) On January 3, 2018, the parties stipulated to continue that trial date to a date between November 2018 and January 2019 or later. The cited reason was that Mathew Painter was...
2023.01.23 Motions to Dismiss, to Quash 268
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.01.23
Excerpt: ...laintiffs' and all cross defendants' tripartite action against Quaids to Quiet Title, Slander of Title, and Declaratory Relief for having already been dismissed with prejudice. ATTORNEYS: Defendants and cross-complainants Randy Quaid and Evgenia Quaid, self-represented. James D. Hepworth of Fidelity National Law Group for moving cross- defendant Fidelity National Financial, Inc. TENTATIVE RULING: The motion by FNF to quash the Quaids' service of ...
2023.01.23 Motion for Attorney Fees, to Tax Costs 388
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.01.23
Excerpt: ... Motion of Defendants California Coastal Commission and State Coastal Conservancy to Strike or to Tax Costs (4) Motion of Plaintiffs to Strike or to Tax Costs ATTORNEYS: 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, Kenneth J. Melrose, Cappello & Noel LLP For Plaintiffs Hollister Ranch Owners' Associatio...
2023.01.20 Motion for Preliminary Approval of Class Action and PAGA Settlement 965
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.01.20
Excerpt: ...id Solutions, Inc. and Microdyn-Nader US, Inc. The SAC alleges causes of action for (1) violation of Business & Professions Code, section 17200, et seq., (2) failure to pay all wages, (3) failure to pay sick pay, (4) failure to provide meal breaks, (5) failure to provide rest periods, (6) inaccurate wage statements, (7) waiting time penalties, and (8) civil penalties under the Private Attorneys General Act (PAGA). Following mediation on August 25...
2023.01.20 Motion for Attorney Fees, to Tax Costs 388
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.01.20
Excerpt: ... Motion of Defendants California Coastal Commission and State Coastal Conservancy to Strike or to Tax Costs (4) Motion of Plaintiffs to Strike or to Tax Costs ATTORNEYS: 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, Kenneth J. Melrose, Cappello & Noel LLP For Plaintiffs Hollister Ranch Owners' Associatio...
2023.01.20 Motion for Attorney Fees 591
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.01.20
Excerpt: ...ll file and serve a second supplemental declaration, to this effect, no later than January 27, 2023. Defendants may file and serve an opposing brief no later than February 3, 2023. Saticoy may file and serve a reply brief no later than February 10, 2023. Background: This action was originally filed on March 25, 2019, by plaintiff Saticoy Development Company, LLC. (“Saticoy”) against Skylar L. Gauss, Skylar L. Gauss, as Trustee of the La Cumbr...
2023.01.20 Demurrer, Motion to Strike, for Sanctions 361
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.01.20
Excerpt: ... sustains defendants' demurrer to plaintiff's first amended complaint filed on August 26, 2022, with leave to amend in accordance with this ruling. Plaintiff shall label her amended pleading to be filed with this court as a third amended complaint. Plaintiff shall file and serve her third amended complaint on or before February 3, 2023. Plaintiff shall not file any further amended pleadings without first obtaining leave of court in accordance wit...

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