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2021.01.12 Motion to Compel Further Responses, for Judgment on the Pleadings, for Reconsideration 458
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.01.12
Excerpt: ...” sometimes “plaintiff”]: Rachel Saur; Kelli D. Burritt For Defendant Santa Barbara Community College District [sometimes “SBCC,” sometimes “defendant”]: Molly E. Thurmond; Cyrus Khosh-Chasm Defendant Rucker: Darren W. Epps Discovery Referee: R. A. Carrington Emails: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; ra@carri...
2021.01.12 Demurrer, Motion to Strike 962
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.01.12
Excerpt: ...ristopher Lee and New Standard Construction, Inc. Emails: [email protected]; [email protected]; [email protected] RULING: The demurrer is overruled as to the negligence, nuisance, and intentional infliction of emotional distress causes of action, and sustained as to the breach of CC&Rs cause of action, and as to the complaint as a whole with respect to Patti Walters as an individual. The Court will allow plaintiff leave to file a First Amended Com...
2021.01.12 Demurrer, Motion to Strike 701
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2021.01.12
Excerpt: ...e Nuns lived on the Ranch, and acted as agents for defendants and generally oversaw its management. V. Torres started living and working on the Lompoc Ranch on January 23, 2015. V. Torres Jr. started working on the Ranch in approximately February 2015 and started living on the Lompoc Ranch in approximately June of 2015. They constructed and repaired buildings and systems, performed maintenance, tended livestock, oversaw agricultural lands, and ge...
2021.01.12 Demurrer, Motion to Strike 225
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2021.01.12
Excerpt: ...), and declaratory relief. In 2000, Lompoc and District entered into an “Annexation Agreement” in which the District would provide water and wastewater services to the residences (at that point undeveloped) that were part of the “Burton Ranch Project” (hereafter, the project). According to the first amended complaint, the project “is now at the point where water and wastewater services are needed[,]” and District does not have “and ...
2021.01.12 Demurrer, Motion to Amend Complaint 265
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.01.12
Excerpt: ...r L. Rosing, Benjamin C. Wohlfeil, Christopher M. Milas, Klinedinst PC Emails: [email protected]; [email protected];[email protected]; [email protected] RULINGS: (1) For the reasons set forth herein, plaintiffs' motion for leave to file an eighth amended complaint is granted. On or before January 27, 2021, plaintiffs shall file and serve their amended complaint substantially in the form of the proposed eighth amended complain...
2021.01.12 Motion for Preliminary Injunction 386
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.01.12
Excerpt: ...ficates, Series 2007-B Emails: [email protected]; [email protected] RULINGS: 1. Plaintiff's motion for preliminary injunction is granted. Defendants are enjoined from foreclosing on plaintiff's residence pending completion of this action or further order of the court. As a condition of the preliminary injunction, plaintiff shall make all back payments due under the contested loan modification agreement, if any, and make all current...
2021.01.11 Motion to Modify Injunctive Order 556
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.01.11
Excerpt: ...s iO73 Investments, Inc., Tristan Strauss, and Brian Casey to modify or dissolve the preliminary injunction. Background: This action arises out of the termination of plaintiff Jonas Svensson's employment by defendant iO73 Investments, Inc. (“iO73” or “the company”). Tristan Strauss and Brian Casey are also defendants. The causes of action in Svensson's first amended complaint (FAC) are: 1) breach of employment contract (against iO73), 2) ...
2021.01.11 Demurrer, Motion to Strike 321
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.01.11
Excerpt: ... for Production of Documents ATTORNEYS: Rebecca Brand, Plaintiff and Cross-Defendant, In Pro Per Jamie T. Hall for Defendants and Cross-Complainants Mimi Brand f/k/a Michael Alan Brand, Jr. and 1125 Veronica Springs Road, LLC TENTATIVE RULING: Plaintiff's demurrer to the fourth and seventh causes of action in defendant's first amended cross- complaint for trespass and harassment is sustained with leave to amend. In all other respects, plaintiff's...
2021.01.11 Demurrer 039
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2021.01.11
Excerpt: ...Living Management, LLC, Dorella Hospitality, Inc., and Max Combs: Erik McLain TENTATIVE RULING: The demurrer of defendants Pacifica Coast, LP, Pacifica Senior Living Management, LLC, and Max Combs is (1) sustained without leave to amend as to defendant Combs as to the first, second, and fourth causes of action, (2) is sustained with leave to amend as to defendant Pacifica Coast, LP, as to the first cause of action, and (3) is otherwise overruled....
2021.01.08 Motion to Approve Minor Compromises 096
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.01.08
Excerpt: ...hen his vehicle crossed over the center line and collided head-on with the vehicle driven by plaintiff James Lechuga, and in which Jennifer Lechuga and minors Jeffrey and Joey Lechuga were passengers. The Luchuga family members each sustained personal injuries in the collision. The action has now settled for a total payment to the Lechugas of $100,000, consisting of funds both from defendant Cortes Perez and the Estate of Martha Quintana, and fro...
2021.01.08 Demurrer, Motion to Strike 877
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.01.08
Excerpt: ...rve her answer to the complaint on or before January 22, 2021. BACKGROUND: This is a landlord/tenant dispute involving real property located at 1034 Neil Park Avenue, Santa Barbara, California 93103 (the “Property”). Plaintiffs Bruno Lopez and Griselda Lopez are tenants of the Property. Defendant Tricia Rush is the owner and manager of the Property. Plaintiffs took possession of the Property on January 1, 2017 pursuant to a written rental agr...
2021.01.08 Motion to Disqualify Mediator 857
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.01.08
Excerpt: ...ress and defamation. The complaint identifies Channe G. Coles of the Law Office of Channe G. Coles as counsel for plaintiff Foschini. On April 24, 2019, without any response having been filed, Foschini filed his first amended complaint (FAC) alleging the same causes of action. Both the original complaint and the FAC assert claims arising out of allegations of conduct by Foschini towards Ananda communicated in social media and Ananda's conduct tow...
2021.01.08 Motions to Compel Deposition 373
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2021.01.08
Excerpt: ...inated because of her alleged disabilities. Plaintiff worked for NuSil Technology for about two years as an Analytical Technician. Plaintiff's complaint alleges eighteen causes of action, including claims for disability discrimination, harassment, retaliation, failure to accommodate, intentional infliction of emotional distress, and constructive wrongful termination. Defendants deny the allegations. The complaint was filed on June 27, 2019. The t...
2021.01.05 Motion to Recover Stock Certificates 106
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.01.05
Excerpt: ...appellonoel.com; [email protected]; [email protected]; The Court did not find an email address in the file for Avenatti. Rulings: For the reasons set out below the matter is continued to March 2, 2021 so that Parrish can give notice to Lisa Storie-Avenatti. Analysis: The complaint was filed in 2018. The case was last on calendar on 9/1/20; the Court's analysis at that time is helpful to the Court in its analysis today. The underlying...
2021.01.05 Motion to Compel Production of Docs 971
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.01.05
Excerpt: ...CO”] Robert B. Forouzandeh for David Snider, Snider Investments, LLC, Snider Interests, LLC, Morongo Equity Partners II, LLC, Intervenor Complainant Morongo Equity Partners I, LLC Travis C. Logue, Nathan C. Rogers for Morongo Equity Partners I, LLC [“Morango”] Howard D. Hall, Taylor Dalton for Reprop Investments, Inc [Reprop”] James T. Ryan, Jason D. Annigian for Eli Owens [“Owens”], Roger MacFarlane [“MacFarlane”], Gary Walker [�...
2021.01.05 Demurrer 785
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2021.01.05
Excerpt: ...��PEA” sometimes “PE”] David Davidson attorney for former potential intervenor [“USSIC”] Emails: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Rulings: The demurrer is overruled; the answer to be filed by January 22, 2021. Background [summarized] This original complaint in this case was filed on 4/30/20; time extensions...
2020.12.18 Motion to Quash 373
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.12.18
Excerpt: ...ourt at this time, and will be resolved, if necessary, in any future motion by plaintiff to compel compliance with the production demand. BACKGROUND: In this action, plaintiff Chelsea Herzog has sued her former employer, defendant NuSil Technology, LLC, and her former supervisor, defendant Michal Wadsworth, claiming that she was harassed, discriminated against, and constructively terminated because of her alleged disabilities. Plaintiff worked fo...
2020.12.18 Motion to Disqualify Counsel 718
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.12.18
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, and Alamar III, LLC: Paul R. Burns, Solange D. Sanhueza, Law Offices of Paul R. Burns, P.C. The court took ...
2020.12.18 Motion to Compel Arbitration 197
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.12.18
Excerpt: ...ted in Carpinteria, California. Cate School is a customer of defendant TriNet HRIII-A, Inc. and its affiliated company defendant TriNet Group, Inc. (together, “TriNet”). Panadero worked as a Spanish-language teacher for Cate School from 2003 until she was terminated at the end of the 2018/2019 academic year. On January 10, 2020, Panadero filed her complaint, alleging various Labor Code and Fair Employment and Housing Act (“FEHA”) causes o...
2020.12.18 Motion for Judgment on the Pleadings 955
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.12.18
Excerpt: ...leadings as to Defendant Porsche Cars North America, Inc.'s Five Affirmative Defenses to Plaintiff's Second Amended Verified Complaint as follows: the court grants the motion for judgment on the pleadings as to defendant Porsche Cars North America, Inc.'s first affirmative defense without leave to amend; and the court denies the motion in all other respects. Background: In his second amended verified complaint (SAC), plaintiff Roy E. Stephenson a...
2020.12.18 Motion for Attorney Fees 718
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.12.18
Excerpt: ...e 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. Burns, P.C. For Receiver William J. Hoffman and Cross...
2020.12.18 Demurrer, Motion to Strike 067
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.12.18
Excerpt: ...ff Shante Chappell's first amended complaint, with leave to amend, and overrules the demurrer to the second cause of action. 2. The court denies defendants Thomas Miles Phillips and The Phillips Firm's motion to strike portions of plaintiff Shante Chappell's first amended complaint. Background: On November 12, 2019, plaintiff Shante Chappell filed a complaint against defendants Thomas Miles Phillips (Phillips) and The Phillips Firm in the Ventura...
2020.12.15 Anti-SLAPP Motions, Demurrer 397
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2020.12.15
Excerpt: ...n of privacy and unlawful eavesdropping in violation of Penal Code section 632 (Nohr defendants only); invasion of privacy – public disclosure of private facts (all defendants); intentional infliction of emotion distress (all defendants); and negligent infliction of emotional distress (all defendants). A) The Verified First Amended Complaint According to the first amended complaint, plaintiff, the Nohr defendants, and Bardessono are neighbors; ...
2020.12.15 Motion to Compel Arbitration 020
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.12.15
Excerpt: ...mh.com; [email protected]; [email protected]; reisz@mmrs- law.com; [email protected] Rulings: For the reasons set out below in the Court's Conclusions the Court grants Lavin's Motion to Compel Arbitration and will stay the litigation pending arbitration between Varr and Lavin. Analysis This litigation arises out of the lawsuit filed in 9/2020 by Varr; involves her purchase of residential real property located at 133 East Alamar Ave., Santa ...
2020.12.15 Motion to Compel Further Responses 032
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.12.15
Excerpt: ...9 WP filed a request for an order compelling Delaney to forthwith serve further responses to Form Interrogatories – General [Set No. One (1)] and included Interrogatory 17.1 regarding Delaney's Responses to Requests for Admission [Set No. One (1)] served concurrently with WP's Form Interrogatories; served on February 10, 2020; lengthy time- consuming communications and issues arose; despite numerous communications between attorney Cohn and atto...
2020.12.15 Motion to Compel Further Responses 951
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.12.15
Excerpt: ...”] is represented by Robert J. Stoll, Jr., Robert J. Stoll III Emails: [email protected] ; [email protected]; [email protected]; [email protected]; Ruling: For the reasons set forth below in the Court's Conclusions:  Motion #1. Respondent shall provide verified responses, without objection and further verified responses without objection to Form Interrogatory Nos. 2.3, 2.5, 2.6, 4.1, 6.2, 6.3, 6.4, 6.5, 6.7, 7.1, 7.2, 8.8, 10....
2020.12.15 Motion to Compel Further Responses 987
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.12.15
Excerpt: [email protected] Rulings; For the reasons set out in the Court's Conclusions [see below] the Court rules: Motion #1. Plaintiff will provide responses to requests for production Nos. 1-12, 13, 14-26, and 28-34 without objections. Motion #2. Plaintiff will provide further responses to the Special Interrogatories set forth below without objection. Motion #3. Plaintiff will provide further responses to Request for Admission Nos. 1-3 and 7-10 and No. 1...
2020.12.14 Motion to Compel Further Responses 596
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.12.14
Excerpt: ...nswers to Special Interrogatories and Request for Sanctions ATTORNEYS: Jeffrey Y. Choi for Plaintiff Alexandro Filippini Jill L. Friedman for Defendant Jean Avrick TENTATIVE RULING: Defendant's motion to compel further responses to Form Interrogatories, Set One, and defendant's motion to compel further responses to Special Interrogatories, Set One, are granted as set forth herein. Defendant is awarded monetary sanctions in the amount of $2,990.00...
2020.12.14 Motion for Terminating Sanctions 901
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.12.14
Excerpt: ...ons via ZOOM through Atkinson - Baker Court Reporters, on December 28, 2020 at 10:00a.m. (Bustillos) and 2:00p.m. (Stern). (This date and time may be adjusted to accommodate the parties' schedules at the hearing on this motion. However, after the hearing, the date will not be adjusted absent a court order.) The court continues plaintiff Shirley Jansen's motion for terminating sanction to January 11, 2021, at 10:00 a.m., via Zoom in Department 5. ...
2020.12.14 Motion for Preliminary Injunction 042
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.12.14
Excerpt: ...of the Montecristo #1 Living Trust UTD 9/24/2015, and Maricel Gabriela Hines, Individually and as Trustee of the Montecristo #2 Living Trust UTD 9/24/2015 Tara Radley for Defendant and Cross-Complainant Butterfly Lane Condominiums Homeowners' Association, Inc. Christopher E. Haskell for Defendants and Cross-Complainants Kevin Russell Nary, Laura Jean Nary, and Mary M. Mooney TENTATIVE RULING: The motion for preliminary injunction of defendant and...
2020.12.14 Demurrer, Motion to Strike 989
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.12.14
Excerpt: ...f Peter Newton filed his complaint against defendant Xpress Global Systems, LLC. The causes of action are general negligence and fraud. Plaintiff alleges: On July 16, 2020, during the course of a delivery, a semi-truck and trailer owned, operated, and/or engaged by defendant backed into a gate at property at 3429 Sea Ledge Lane in Santa Barbara. The gate and its operating system sustained damage requiring replacement at a cost of $28,270. Plainti...
2020.12.14 Demurrer, Motion to Strike 163
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.12.14
Excerpt: ...man ATTORNEYS: E. Patrick Morris for defendants and cross-complainants Summerland Market, Inc. and Elian Mtanous Hanna Mark. R. Wietstock for cross-defendant Sharon Kussman, trustee of the Rose T. Robertson Trust. TENTATIVE RULINGS: For the reasons explained below, the demurrer is overruled. Further, the motion to strike, made on identical grounds as those raised in the demurrer, was necessarily mooted by the Court's resolution of the demurrer. D...
2020.12.14 Application for Pre-Trial Writ of Possession 296
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.12.14
Excerpt: ...G: Plaintiff's application for a pre-trial writ of possession is granted as set forth herein. No undertaking shall be required of plaintiff. BACKGROUND: Plaintiff Strategic Health Services, LLC (SHS) is a limited liability company and the owner and operator of three residential substance abuse treatment facilities licensed by the California Department of Health Care Services (DHCS). The residential treatment facility located at 1151 Glenview Road...
2020.12.11 Motion to Invalidate Opt-Out Forms and Curative Notice 986
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.12.11
Excerpt: ...mer employees the notice described in this ruling. Background: This is a putative class action wage and hour lawsuit brought by plaintiff Jorge Delgado, individually and on behalf of others similarly situated, against his former employer, defendant SBBC Brewhouse, LLC. Defendant employed plaintiff from 2003 to December 2018 doing cleaning, dishwashing, stocking, and food preparation. Plaintiff alleges that he was paid overtime wages only when he ...
2020.12.11 Demurrer, Motion to Strike 342
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.12.11
Excerpt: ... sustained with respect to the cause of action for intentional infliction of emotional distress. The demurrer with respect to all claims, as they are currently alleged against individual defendant Ty Warner, are sustained. The special demurrer for uncertainty is overruled. Plaintiff has not opposed the motion to strike, as it relates to the request for attorneys' fees, and the motion is therefore granted as to such fees. With respect to the motio...
2020.12.08 Demurrer 165
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.12.08
Excerpt: ...nalysis The Plaintiffs 7AC was filed 10/6/20 and is framed in 9 counts: 1. Elder Abuse (Financial) 2. Elder Abuse (Physical/Emotional) 3. Legal Malpractice 4. Breach of Fiduciary Duty 5. Conversion 6. Accounting 7. Intentional Misrepresentation 8. Concealment 9. Intentional Interference With Expected Inheritance Demurrer On 11/9 Defendants filed a demurrer to the 7AC contending that: Counts (1)-(6) and (9) are time-barred and are uncertain as to ...
2020.12.08 Motion to Compel Further Responses 614
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.12.08
Excerpt: ...dant Bond: Gary D. Fields Defendant Grassini: Clayton T. Graham Emails: [email protected]; [email protected]; [email protected]; [email protected]; Rulings: l. The Motion to Compel Further Responses to Form Interrogatories, Set One is GRANTED. Plaintiff is ordered to provide further responses as requested in defendant's motion as to Form Interrogatories 8.4 and 12.1. Plaintiff is to provide further responses no lat...
2020.12.08 Motion to Compel Responses, for Sanctions 715
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.12.08
Excerpt: ...a further response to Special Interrogatories (Set One) propounded by Defendants Gunson, Arnett and Heinze. 3. Kimberly is further ordered to serve a further response to the Request for Production of Damages (Set One) propounded by Defendant Gunson, and is ordered to produce signed authorizations for the out-of-state medical providers. 4. All further responses and documents are ordered to be produced by December 18, 2020. 5. The request for sanct...
2020.12.08 Motion to Strike (SLAPP) 096
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2020.12.08
Excerpt: ...rnie's death, defendants Edgar Vea and Sonia Vea[1] and Alexander Lazo[2] developed an interest in having a closer relationship with Sophie, apparently with the objective of becoming beneficiaries of her estate. To that end:  Defendants allegedly made statements to the SMPD, prompting a welfare investigation on June 8, 2020, claiming Maribel attempted to force Ernie and Sophie to transfer title vehicles and/or real estate and further that Sonn...
2020.12.07 Motion to Compel Deposition 180
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.12.07
Excerpt: ..., LLP for defendants William Clinkenbeard / Cathy Anderson of Clinkenbeard, Ramsey, Spackman & Clark, LLP for third party witness Bryce Holderness, M.D. TENTATIVE RULING: The motion is denied. Background: This action was originally filed in August 2018 as a personal injury action, which arose from a fall by Melvin Hueston on defendant's premises in April 2018. It evolved into a wrongful death action upon the filing of the First Amended Complaint ...
2020.12.07 Motion for Protective Order 163
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.12.07
Excerpt: ...for Defendants Summerland Markets, Inc. and Elian Hanna TENTATIVE RULING: The motion for protective order of defendants Summerland Markets, Inc. and Elian Hanna is granted. No additional information or documents are required to be produced in response to the People's Demand for Inspection Nos. 7, 8, and 38. BACKGROUND: Plaintiff the People of the State of California (the “People”) bring this action for injunction and civil penalties against d...
2020.12.07 Demurrer 521
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.12.07
Excerpt: ...ncertainty and failure to state a cause of action. Plaintiff shall file and serve an amended complaint on or before December 17, 2020. BACKGROUND: This is an action for unlawful detainer. The subject premises are located at 5925 Birch Street, Unit 4, Carpinteria, California 93013. Plaintiff Bruce Bowers is the landlord and defendant Lyna Gruszynski, erroneously sued as Lena Gruszka, is the tenant. On August 3, 2020, plaintiff served on defendant ...
2020.12.04 Motion to Vacate Renewal of Judgment 751
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.12.04
Excerpt: ...lifornia, Inc., the original lender and creditor. Defendant Susan M. Schwartz is the borrower and debtor. Plaintiff alleges that defendant breached the loan agreement by failing to pay the sum of $11,579.05 when due and owing. On November 24, 2009, plaintiff filed its complaint against defendant for breach of contract and common counts. On December 30, 2009, defendant was served by substituted service. Defendant failed to file a response to the c...
2020.12.04 Motion to Strike 757
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.12.04
Excerpt: ...ff alleges that defendant was negligent and that he was driving under the influence at the time of the collision. On August 27, 2020, plaintiff filed his complaint, alleging a single cause of action for motor vehicle liability. Plaintiff seeks general damages, special damages, and punitive damages. Defendant moves to strike the punitive damages claim. ANALYSIS: Request for Judicial Notice Defendant requests that the court take judicial notice of ...
2020.12.04 Motion for Leave to File FAC 866
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.12.04
Excerpt: ...ing by replacing references to “aggrieved employees” with “all other similarly situated employees,” (4) strike the seventh cause of action for penalties under Labor Code § 558 and all related allegations, and (5) add applicable references to IWC Order No. 4- 2001 and No. 16-001. Defense counsel originally declined to stipulate to the amendment until he received a date for plaintiff's deposition. After plaintiff determined that additional...
2020.12.04 Motion for Determination of Good Faith Settlement 138
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.12.04
Excerpt: ... Vanessa Bley, wife of plaintiff Max Gleason, and in which the couple's two minor children (Lucienne, age 2, and Desmond, age 4 months) were passengers, was apparently struck head-on by a vehicle operated by defendant John Dungan and owned by both John Dungan and defendant Michael Dungan, and allegedly entrusted by Michael Dungan. A felony criminal complaint is currently pending against defendant John Dungan arising from the accident. At the time...
2020.12.04 Motion for Attorney Fees 104
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.12.04
Excerpt: ...Associates (St. George) for judgment pursuant to Code of Civil Procedure section 631.8. On February 6, 2020, the court filed its statement of decision. On February 20, 2020, the court filed its judgment. The judgment includes: “Defendant is the prevailing party in this matter and is entitled to recover its attorney's fees pursuant to Cal. Code of Civil Procedure § 1717, and its costs from Plaintiff[] subject to a noticed motion.” (Judgment, ...
2020.12.01 Demurrer 195
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2020.12.01
Excerpt: ...including, but not limited to, defective plumbing, cabinets and countertops, concrete finishes, doors that are not level and do not function properly, excessive stucco cracking and poor drywall finishes. On April 12, 2019, Shea Homes was cited and fined by the California Contractor's State License Board for poor workmanship in the construction of the Home. On January 10, 2020, plaintiffs filed a complaint alleging the following causes of action: ...
2020.12.01 Demurrer 210
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2020.12.01
Excerpt: ...e Dangermond Preserve located in Lompoc. She alleges that there were very traditional gender roles on the preserve's ranches; that Preserve Director Michael Bell demonstrated resistance to allowing a woman perform a leadership role; that the rules she promulgated were disregarded; and that her attempts to address County and Coastal Commission compliance issues were circumvented. Upon successfully advocating for a meeting with County officials reg...
2020.12.01 Demurrer 971
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.12.01
Excerpt: ...Cross- Complainants”]; Jason D. Annigian and James T. Ryan Emails: [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Ruling: 1. The MEPI demurrer to the First Cause of Action for Breach of Contract that Cross-Complainants Newby, Owens, MacFarlane and Walker allege in their Cross-Complaint is OVERRULED. Their answer shall be filed by December 15, 2020. 2. This case is also on the CMC calendar a...
2020.12.01 Demurrer, Motion to Strike 589
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.12.01
Excerpt: ...cino) Email addresses: [email protected]; [email protected]; [email protected]; [email protected] Rulings: 1. The Court overrules County of Santa Barbara's demurrer to plaintiff Ana Esquivel's first amended complaint. 2. The Court overrules Isla Vista Recreation and Park District's demurrer to plaintiff Ana Esquivel's first amended complaint. 3. The Court denies Isla Vista Recreation and Park District's motion to str...
2020.12.01 Demurrers, Motion to Strike 736
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.12.01
Excerpt: ...n ATTORNEYS: For Petitioner Santa Barbara Coalition for Responsible Cannabis, Inc.: Marc Chytilo, Ana Citrin, Law Office of Marc Chytilo, APC; Courtney E. Taylor; Robert A. Curtis, Foley Bezek Behle & Curtis, LLP For Respondents County of Santa Barbara and Santa Barbara County Board of Supervisors: Michael C. Ghizzoni, Lina Somait, Office of Santa Barbara County Counsel For Real Parties in Interest Busy Bee's Organics and Sara Rotman: Amy M. Stei...
2020.12.01 Motion for Summary Judgment 194
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.12.01
Excerpt: ... is DENIED. Background On August 23, 2018, Novacoast filed this action against Symantec and DigiCert. Defendants filed an answer in 10/2018; a trial date was set at the request of Novacoast; the parties stipulated to continue it because of issues that presented in discovery; Novacoast added eight new causes of action; On August 2, 2019, Novacoast filed its first amended complaint (“FAC”). After a Demurrer was sustained Novacoast filed its sec...
2020.11.20 Demurrer 360
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.11.20
Excerpt: ...el Hernandez, and Diego Rodriguez Garcia. The operative First Amended Complaint (FAC) filed by plaintiffs on September 10, 2020, seeks both individual damages and PAGA penalties (brought only by defendants Armenta, Garcia, and Hernandez), alleging causes of action for (1) failure to pay wages, (2) failure to provide compliant meal, rest, and recovery periods, (3) untimely payment of wages, (4) failure to keep accurate records of hours worked, (5)...
2020.11.17 Petition to Compel Arbitration 801
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2020.11.17
Excerpt: ... §§ 1194 and 1198); (3) failure to provide meal periods (Lab. Code §§ 226.7, 512); (4) failure to authorize and permit rest breaks (Lab. Code §§ 226.7); (5) failure to timely pay final wages at termination (Lab. Code §§ 201-203); (6) failure to provide accurate itemized wage statements (Lab. Code § 226); and (7) Unfair Business Practices (Bus. & Prof. Code §§ 17200, et seq.).) Plaintiff filed a first amended complaint on November 6, 20...
2020.11.17 Demurrer 758
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2020.11.17
Excerpt: ...g Commission), and County of Santa Barbara Central Board of Architectural Review (Architectural Review Board) (collectively, the County), with real parties in interest Straus, Wind, LLC, and Baywa R.E. Wind, LLC. The first cause of action is styled as a writ of mandate, while the second cause of action is labelled as an administrative writ of mandate. Real parties in interest are currently in the process of seeking County approval of a commercial...
2020.11.16 Motion to Strike Portions of Complaint 214
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.11.16
Excerpt: ...opher E. Dawood, Deputy County Counsel Tentative Ruling: The court grants, in part, the motion of defendant County of Santa Barbara to strike portions of the complaint of plaintiffs Robert Kirsch, Joshua Lake, and Robert Garnica. The court orders ¶¶38 and 40 stricken from plaintiffs' complaint without leave to amend. The court denies the motion as to ¶41. Defendant County of Santa Barbara shall answer the remaining allegations of the complaint...
2020.11.16 Motion to Compel Arbitration 128
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.11.16
Excerpt: ...f defendants Synectic Systems, Inc. (SSI), and Paul Webb to compel arbitration. Background: Plaintiff John Roessler filed his complaint against defendants Synectic Systems, Inc. (SSI), and Paul Webb for 1) failure to pay earned wages, 2) breach of contract, 3) breach of the implied covenant of good faith and fair dealing, 4) unlawful retaliation, 5) wrongful termination in violation of public policy, 6) unfair competition, and 7) defamation. On O...
2020.11.16 Demurrer, Motion to Strike 587
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.11.16
Excerpt: ...irst Amended Complaint ATTORNEYS: Garry M. Tetalman for Plaintiff Nicholas Lewis, an individual and as Guardian Ad Litem for Plaintiff Philip Jaworski Barbara A. Carroll for Defendants Santa Barbara Cottage Hospital, Inc. and Cottage Health, Inc. TENTATIVE RULING: Defendants' demurrer to plaintiffs' first amended complaint is sustained as to plaintiff Nicholas Lewis without leave to amend for lack of standing. Defendants' demurrer to plaintiff Ph...
2020.11.13 Demurrer 348
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.11.13
Excerpt: ...ate Attorney General, filed his complaint against defendants Channel Auto Services LP (erroneously named by its fictitious name “Price Management”; hereinafter Channel); Coast Village, Inc. (CVC); and Mesa 76 LP (Mesa). The causes of action are: 1) missed meal breaks; 2) missed rest breaks; 3) failure to pay reporting time wages; 4) violation of Labor Code § 226; 5) violation of Labor Code § 203; 6) violation of Labor Code § 1102.5; 7) wro...
2020.11.13 Demurrer 472
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.11.13
Excerpt: .... Plaintiff alleges: Defendant had entered into a written lease for premises at 315 W. Carrillo Street, #105, in Santa Barbara. The lease agreement, including its addenda, was prepared in accordance with the requirements of federal law, and related implementing regulations as determined by the federal Department of Housing and Urban Development (HUD). [Complaint ¶¶5, 6] Emergency orders of the Governor, County of Santa Barbara Health Officer, S...
2020.11.13 Motion for Terminating Sanctions 313
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.11.13
Excerpt: ...is Armstrong and Associates, LLC (LAA). Plaintiff/cross-defendant Robert S. Shumake Living Trust 1994 (Shumake) and defendants Jason Q. Wilson Trust Dated October 18, 2007; G Boys, LLC; Michael DeSalvo; and 2017 Lonestar Properties, Inc., are members of LAA. LAA holds a lease and purchase agreement for improved real property in Carpinteria. LAA's business is to cultivate medicinal and adult-use cannabis. On January 17, 2019, Shumake filed its com...
2020.11.10 Demurrer, Motion to Strike 212
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.11.10
Excerpt: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Ruling: The Demurrer and Motion to Strike are DENIED. Cross-Defendant to file his answer to the Cross- Complaint by November 25, 2020. Analysis Plaintiff CARP Property, LLC [“CARP”], commenced this action on August 9, 2019. In its complaint, plaintiff alleges that on March 15, 2016, Rafi Tarakjian [“Tarakjian”], sol...
2020.11.10 Motion for Leave for Neuropsychological Exam 386
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.11.10
Excerpt: ...nd Jerry Garcia's motion for a neuropsychological examination of plaintiff Suzannah Taylor, subject to conditions and the protective order set forth in this ruling. Counsel for defendants shall prepare an order. The examination shall take place on November 16, 2020, at 9:00 a.m., or such other time as agreed by the parties. Background This is an action for personal injuries arising out of a motor vehicle accident. According to the allegations, on...
2020.11.09 Motion to Strike 867
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.11.09
Excerpt: ...For Defendant: Darryl C. Hottinger, et al. (Beach Cowdrey Jenkins – Oxnard) Tentative Ruling: The court grants defendants Community Arts Music Association of Santa Barbara, Inc., and Elizabeth Alvarez's motion to strike portions of plaintiff Jeffrey D. Everhard's amended complaint without leave to amend. Background: Plaintiff Jeffrey D. Everhard commenced this action on May 18, 2020. In his amended complaint (FAC) against Community Arts Music A...
2020.11.09 Motion to Quash Summons 961
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.11.09
Excerpt: ...s of John J. Thyne III Defendants Lawrence Marston and Jacqueline Marston aka Jacque Fowler: Nathaniel L. Marston TENTATIVE RULING: For the reasons set forth herein, the motion of defendants Lawrence Marston and Jacqueline Marston aka Jacque Fowler to quash service of summons is denied. Defendants shall file and serve their answer to the complaint on or before November 23, 2020. Background: As alleged in plaintiffs' complaint: Plaintiffs Block Fa...
2020.11.09 Motion for Trial Setting Preference 429
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.11.09
Excerpt: ...t: self represented Tentative Ruling: (1) The court grants, in part, plaintiffs David G. Bertrand and Dorothy Churchill-Johnson's Motion to Compel Responses to Supplemental Written Discovery, and Motion to Compel Deposition of Defendant Jessica Berry, and orders that, on or before November 23, 2020, defendant Jessica Barry shall serve answers to the supplemental interrogatories served in this case on July 27, 2020, without objections. The court d...
2020.11.09 Motion for Judgment on the Pleadings 051
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.11.09
Excerpt: ...'s motion for judgment on the pleadings is granted. The County of Santa Barbara's complaint in eminent domain is ordered conditionally dismissed to allow County to adopt a new Resolution of Necessity or to take other corrective action as needed. Defendant is awarded reasonable attorney's fees and costs of $47,495.75. BACKGROUND: In this eminent domain action, plaintiff County of Santa Barbara (“County”) seeks to acquire four easements on parc...
2020.11.09 Demurrer 821
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.11.09
Excerpt: ...homas Goodwin, and Judy Atkins: Russell Brown For Defendant City of Santa Barbara, Santa Barbara Police Department, and Santa Barbara Police Chief Lori Luhnow: Ariel Pierre Calonne, Tom R. Shapiro, John S. Doimas, Office of the City Attorney TENTATIVE RULING: For the reasons set forth herein, the special demurrer of defendants City of Santa Barbara, Santa Barbara Police Department, and Santa Barbara Police Chief Lori Luhnow to plaintiffs' complai...
2020.11.06 Motion to Compel Further Responses 373
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.11.06
Excerpt: ...16, 2020. Defendants are awarded monetary sanctions against plaintiff in the amount of $3,180.00. BACKGROUND: In this action, plaintiff Chelsea Herzog has sued her former employer, defendant NuSil Technology, LLC, and her former supervisor, defendant Michal Wadsworth, claiming that she was harassed, discriminated against, and constructively terminated because of her alleged disabilities. Plaintiff worked for NuSil Technology for about two years a...
2020.11.06 Motion to Compel Deposition, for Sanctions 142
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.11.06
Excerpt: ...ified as an unlimited civil action. On September 8, plaintiff filed a first amended complaint (FAC) for breach of contract, unjust enrichment, and fraud/deceit against defendants TWHGP, LLC; Ted Ellis; Greer Ellis; and Ray Pattnaude. TWHGP has answered the FAC. (There is no summons for or proof of service on the individual defendants.) Motion: Plaintiff moves for an order compelling Ted Ellis to attend a deposition and for sanctions against Ellis...
2020.11.06 Demurrers, Motion to Strike, for Attorney Fees 470
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.11.06
Excerpt: ...t Asian Pacific Health Care Venture, Inc., is sustained, with leave to amend, to the second amended complaint and to each cause of action therein against this defendant. (3) Based upon the sustaining of the demurrer of defendant Asian Pacific Health Care Venture, Inc., to each cause of action, the motion of that defendant to strike portions of the complaint is ordered off calendar as moot. (4) Plaintiff Max Hennard shall file and serve his third ...
2020.11.03 Motion for Preliminary Approval of Class Action Settlement 532
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.11.03
Excerpt: ...tiffs for preliminary approval of the class action settlement is granted. Counsel shall appear at the hearing of this motion by Zoom and shall be prepared to discuss scheduling for the final approval hearing and any other matters remaining for the court at this time. (2) Notice having been given of the lodging of documents conditionally under seal without the intention of moving to seal those documents and the time for the filing of a motion to s...
2020.11.03 Demurrer 962
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.11.03
Excerpt: ...dba L.A. Care Health Plan: Kevin E. Gilbert, Nicholas D. Fine, Orbach Huff Suarez + Henderson LLP RULING: For the reasons set forth herein, the demurrer of defendant Local Initiative Health Authority for Los Angeles County dba L.A. Care Health Plan is sustained, with leave to amend, as to each of the causes of action of the complaint. Plaintiff Santa Barbara Cottage Hospital shall file and serve its first amended complaint on or before November 1...
2020.11.03 Motion to Compel Further Responses 608
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.11.03
Excerpt: ... of Santa Barbara Randall F. Koenig for Defendant and Cross-Complainant Rosser International, Inc. Nicole G. Thal for Cross-Defendant Cini-Little International, Inc. For the Trial: Plaintiff's Trial Counsel: Michael C. Ghizzoni, County Counsel, Johannah Hartley, Deputy County Counsel, Robert 0. Owen, Douglas J. Dennington. Trial Counsel for Defendant Rosser: Randall Koenig, Wilfred A. Llaurado and Bryan Oberle. Trial Counsel for Cross-Defendant C...
2020.11.03 Petition to Compel Arbitration 890
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.11.03
Excerpt: ...n Association, not JAMS, in accordance with the Rules of the American Arbitration Association. BACKGROUND This action concerns a dispute over the determination of the adjusted monthly rent due under a commercial lease agreement. Petitioners Jeffrey B. Panosian and Claire B. Panosian are the owners of real property located at 302-306 Meigs Road, Santa Barbara, California, commonly known as Lazy Acres Market, a retail supermarket. Petitioners lease...
2020.11.02 Motion to Strike 365
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.11.02
Excerpt: ...rike allegations regarding and the prayer for exemplary damages in plaintiff Valentina Martinez's complaint without leave to amend. Analysis: Complaint: Plaintiff Valentina Martinez, by the through her parent and guardian ad litem Elias Sanchez, filed her complaint on July 20, 2020. (The complaint lists only Martinez as a plaintiff, through her guardian ad litem. However, at places in the complaint, there are references to “plaintiffs,” refer...
2020.11.02 Motion for Preliminary Injunction, OSC Re Preliminary Injunction 647
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.11.02
Excerpt: ...y, Trustees of the Nary Family Trust, Schedule C Separate Property dated March 28, 2012, and Mary M. Mooney, Trustee of the Mooney Trust dated June 4, 2010: Christopher E. Haskell, Emily B. Harrington, Price, Postel & Parma LLP For Defendants Maricel Gabriela Hines, individually and as Trustee of the Montecristo #2 Living Trust, UA dated September 24, 2015, and Hugo Roberto Garcia, individually and as Trustee of the Montecristo #1 Living Trust, U...
2020.11.02 Demurrer, Motion to Strike 155
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.11.02
Excerpt: ...tiff Judith M. Jennifer L. Russell / Nicole A. Glassman / David J. Mendoza of Ford, Walker, Haggerty & Behar and Peter M. Wicetich of Hooman & Stone Attorneys for defendant Javier Jonathan Antunez Eve H. Korff / Alex Xilva Van Vo of Shaver, Korff & Castronovo LLP for defendant Esther Emiko Trejo Takembaiyee, in both cases TENTATIVE RULINGS: The Antunez demurrer is overruled as to the willful misconduct cause of action, sustained with leave to ame...
2020.11.02 Demurrer 676
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.11.02
Excerpt: ...ayfetz's first amended complaint with leave to amend. First Amended Complaint (FAC): Plaintiff Janet Kayfetz filed her original complaint in this case on December 18, 2019. In her FAC for professional negligence and lack of informed consent, Kayfetz alleges: In January 2012, Dr. Michael Gunson recommended that Kayfetz go to Dr. Jeffrey McClendon for treatment of her dental issues. From that date forward, McClendon collaborated with Gunson in Guns...
2020.11.02 Demurrer 471
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.11.02
Excerpt: ...nt of plaintiff Housing Authority of the City of Santa Barbara for unlawful detainer without leave to amend. Background: On August 4, 2020, plaintiff Housing Authority of the City of Santa Barbara filed its complaint for unlawful detainer against defendants Adam Chapman and Zoe Chapman. (Sometimes plaintiff refers to Zoe Chapman in the complaint as Zoe Jones and that is how she is listed on the lease that is the subject of the action. Defendants'...
2020.11.02 Demurrer 391
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.11.02
Excerpt: ... overruled. Defendant shall file and serve its answer to the complaint on or before November 9, 2020. BACKGROUND: Plaintiff Roic California, LLC brings this action against defendant Ribco, Inc. dba Woody's BBQ for breach of a written lease agreement involving premises located at 5112 Hollister Avenue, Santa Barbara, California 93111. Plaintiff alleges that defendant breached the written lease agreement by failing and refusing to pay the rent and ...
2020.10.30 Motion to Compel Further Responses 434
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.10.30
Excerpt: ...o the Deutsche Bank subpoena. The motion is conditionally granted as to request Nos. 31, 32, and 33, and to non-tax documents responsive to the Deutsche Bank subpoena. On or before November 13, 2020, plaintiff Robert Mecay shall serve (1) written stipulations substantially identical to the stipulations set forth herein on defendants, or (2) a written notice that plaintiff Mecay declines to stipulate as proposed by this order. Plaintiffs shall con...
2020.10.30 Motion for Judgment on the Pleadings 891
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.10.30
Excerpt: ...ornia. (Second Amended Complaint [SAC], ¶ 11.) Start grew “mother plants” from which it harvested “clones” to sell to cannabis farmers throughout California. (SAC, ¶¶ 8-10.) During the Thomas Fire in December 2017, Start lost 830 mother plants when soot and ash from the fire infiltrated the greenhouse, contaminating the plants. (SAC, ¶ 14.) On January 9, 2018, heavy rain and high winds damaged the retractable shade- cloth and the gree...
2020.10.30 Demurrer 186
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.10.30
Excerpt: ...1, 2020, plaintiff personally served a 3-day notice to quit on defendant. Defendant has failed and refused to vacate the premises and on March 2, 2020, plaintiff filed his complaint for unlawful detainer. On March 12, 2020, plaintiff filed a first amended complaint (FAC). Defendant demurs to the FAC for failure to state facts sufficient to constitute a cause of action. There is no filed opposition to the demurrer. ANALYSIS: The grounds for object...
2020.10.28 Motion to Authorize Depositions 151
Location: Santa Barbara
Judge: Staffel, Timothy
Hearing Date: 2020.10.28
Excerpt: ...of assets and liabilities. As such, it has no capacity to sue, be sued or defend an action. Any litigation must be maintained by, or against, the executor, administrator or trustee of the estate. (Galdjie v. Darwish (2003) 113 Cal.App.4th 1331, 1344; Greenspan v. LADT, LLC (2010) 191 Cal.App.4th 486, 496.) Moreover, assuming the complaint is brought by plaintiffs as decedent's successors in interest, they must comply with the declaration requirem...
2020.10.27 Motion for Prejudgment Possession 497
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.10.27
Excerpt: ...ant [“State of California”] is represented by Michael Harrington. Email addresses: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Ruling. The motion is GRANTED. A “proposed order” was previously submitted on 4/14/20 that appears to be still viable and the Court intends to sign it unless District submits a different order prior to the hearing. Analysis...
2020.10.27 Motion for Summary Judgment 420
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.10.27
Excerpt: ...nment & Infrastructure Solutions, Inc [“EIS”] is represented by William S. Edic. Email addresses; [email protected]; [email protected]; [email protected]; Rulings: For the reasons set out below 1. The Motion for Summary Judgment is GRANTED. 2. EIS's evidentiary objections: Objection #1. Rental documentation attached as Exhibit A to the Declaration of Plaintiff's Attorney John B. Richards – Grounds for objection: Hearsay; lack of f...
2020.10.27 Motion to Tax Costs 853
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2020.10.27
Excerpt: ...ld.com; [email protected]; [email protected] Ruling: Pinskys' motion to tax costs is DENIED. Analysis This motion to tax costs was filed 9/29/20. The particular items of costs that Pinskys seek to strike are the following: Item No. 1, Filing and motion fees - $1,145.00; Item No. 10, Attorney fees - Amount set forth in separate Motion; Item No. 14, Fees for electronic filing or service - $108.15. Subsequently on 10/13/20 this Court ru...
2020.10.26 Motion to Enforce Settlement 958
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.10.26
Excerpt: ...Rivera First Mortgage and Cross-Defendant Mortgage Co. of SB: Eric A. Woosley Defendant/Cross-Complainant Aguila: self represented Tentative Ruling: The court denies the motion of plaintiff/cross-defendant Pico Rivera First Mortgage Investors, LP, and cross- defendant Mortgage Company of Santa Barbara, Inc. to enforce settlement agreement pursuant to CCP § 664.6. Background: Plaintiff Pico Rivera First Mortgage Investors, LP (Pico), sued defenda...
2020.10.26 Motion for Sanctions, to Strike Complaint 429
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.10.26
Excerpt: ...TIVE RULING: Defendant Jessica Berry's motion for sanctions pursuant to Code of Civil Procedure Section 128.7 is denied. BACKGROUND: This is an action for (1) libel, (2) defamation per se, (3) intrusion, (4) intentional infliction of emotional distress, (5) unfair business practices, (6) elder abuse, (7) quantum meruit, and (8) unjust enrichment/restitution. Plaintiffs are David G. Bertrand (“Bertrand”) and his business manager, Dorothy Churc...
2020.10.26 Motion for Release of Certain Properties from Receivership, for Attorney Fees 718
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.10.26
Excerpt: ...torney Fees (3) Motion of Defendants for Award of Attorney Fees 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 & 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 ...
2020.10.26 Motion for Attorney Fees 138
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2020.10.26
Excerpt: ...s granted. Plaintiff is awarded attorney's fees and costs in the amount of $145,412.04. BACKGROUND: On December 23, 2016, Santa Barbara Community Bank entered into a loan transaction with borrower Ultimate Brands, Inc. for the principal sum of $653,466.27. The loan was documented by a promissory note executed by Ultimate Brands' president, defendant William Scott Griffiths (“Griffiths”). Concurrently with the execution of the note, Griffiths ...
2020.10.23 Motion to Seal, to Enforce 172
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.10.23
Excerpt: ...is action arises out of competing claims over the proceeds of a $100,000 life insurance policy that was purchased by Laurence O. Pilgeram (“Mr. Pilgeram”) to cover the cost of cryogenically preserving his remains. Plaintiff Alcor Life Extension Foundation (“Alcor”) is the company hired by Mr. Pilgeram to preserve his remains. Defendants Kurt J. Pilgeram (“Kurt”) and Karl E. Pilgeram (“Karl”) are the adult sons of Mr. Pilgeram. On ...
2020.10.23 Motion to Amend, to Compel 820
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.10.23
Excerpt: ... further verified responses to request Nos. 42 and 43, in a form complying with the Code of Civil Procedure, to be served on or before November 9, 2020, together with the production of all responsive documents identified in the response to be produced. If any such documents have already been produced or are in defendant's possession, Beall may identify each such document specifically as having been produced or in defendant's possession. In all ot...
2020.10.23 Motion for Leave to File Amended Complaint 261
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2020.10.23
Excerpt: ...pon the habitability of rental units. Baratto had served as plaintiffs' insurance agent, in acquiring the policy, and the action against it was essentially one for professional negligence. In December, 2019, plaintiffs served a request for the production of documents and things on defendant Baratto. On February 25, 2020, plaintiff filed a motion to compel further responses, setting the hearing for March 20, 2020. That hearing date was vacated by ...
2020.10.20 Motion to Set Aside Summary Judgment 315
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2020.10.20
Excerpt: ...charges. Bail was continued. On July 31, 2019, with defendant present, the court continued the readiness and settlement conference to October 9, 2019. Bail bond was continued. Defendant did not appear on October 9, 2019. The court ordered bond forfeited, issued a warrant, and imposed a $500,000 bond. (Case No. 17CR11845.) Notice of Forfeiture of Bond was mailed on October 10, 2019. (Pen. Code, § 1305, subd. (b)—clerk of the court shall, within...
2020.10.20 Motion for Final Approval of Class Action Settlement 366
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2020.10.20
Excerpt: ...failure to pay all overtime wages (§§ 204, 510, 558, 1194, 1198); failure to provide meal periods (§§ 226.7, 512, 558); failure to authorize and permit rest periods (§§ 226.7, 516, 558); failure to provide accurate, itemized wage statements (§§ 226, et seq.); and failure to indemnify all necessary business expenditures (§ 2802). Plaintiff also alleged a violation of the Business and Profession Code section 17200, and requested civil pena...
2020.10.19 Motion to Vacate Judgment 790
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2020.10.19
Excerpt: ...personally served. On January 31, 2020, plaintiff secured entry of default, and on March 3, 2020, the court entered default judgment (in the amount of $1,721.36, which included $241 in costs). Plaintiff filed the first motion to vacate default judgment on July 8, 2020, with an original hearing for August 18, 2020, and thereafter seeking a dismissal. Plaintiff indicated that it was made aware that defendant debtor had filed a Chapter 7 bankruptcy ...
2020.10.19 Motion to Set Aside Summary Judgment 315
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2020.10.19
Excerpt: ...charges. Bail was continued. On July 31, 2019, with defendant present, the court continued the readiness and settlement conference to October 9, 2019. Bail bond was continued. Defendant did not appear on October 9, 2019. The court ordered bond forfeited, issued a warrant, and imposed a $500,000 bond. (Case No. 17CR11845.) Notice of Forfeiture of Bond was mailed on October 10, 2019. (Pen. Code, § 1305, subd. (b)—clerk of the court shall, within...

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