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2018.6.29 Motion for Summary Judgment 132
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.6.29

Excerpt: ...ar Rivera. On August 30, 2013, Oscar Rivera was performing work for defendant Hillpointe Construction, Inc. (“Hillpointe”), a painting and power wash company, when he suffered fatal injuries after falling through a skylight on the roof of a commercial building located at 7406 Hollister Avenue, Goleta, California. The skylight allegedly lacked any barriers or warning signs. Hillpointe did not carry workers' compensation insurance at the time o...

2018.6.29 Demurrer 086
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.6.29

Excerpt: ...lleged in the complaint: Plaintiffs Joe Granada, Jaime Flores Polanco, Alejandro Saavedra, Estaban Mora, Ismael Rodrigues, and Eduardo Isqueda are employed by defendant Regents of the University of California (Regents) at its Santa Barbara campus. (Complaint, ¶ 8.) In March 2014, Regents hired defendant Stephen Klock as a superintendent. (Complaint, ¶¶ 9-10.) Klock continually and severely harassed plaintiffs with the intent to injure them and...

2018.6.29 Motion for Judgment on the Pleadings 656
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.6.29

Excerpt: ...r and Helm filed a cross-complaint against Roberts, individually and as trustee of the Karen M. Roberts Living Trust and then a first amended cross-complaint, adding Village Properties as a cross-defendant. The operative cross-complaint is the second amended cross-complaint, to which the court sustained Village Properties' demurrer to the first four causes of action. Roberts filed a cross-complaint for implied equitable indemnity, and breach of f...

2018.6.29 Demurrer 500
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.6.29

Excerpt: ...alleged in the original complaint: Plaintiff Ziyad Ballat alleges an oral, week-to-week tenancy in real property located at 5310 Carpinteria Avenue, Apartment 1, Carpinteria (the Premises) with defendant Miguel Luis Cruz. (Complaint, ¶ 6.) A 7-day notice to quit was served on Cruz on April 24, 2018. (Complaint, ¶ 7a(6).) The notice states in relevant part: “You are hereby notified that pursuant to Civil Code § 1946, your tenancy is terminate...

2018.6.27 Petition to Approve Compromise of Minor 960
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2018.6.27

Excerpt: ...ound: On March 3, 2017, plaintiffs Andrew Poley, Dorothy Poley, Andrew Morris Poley Jr., by and through his guardian ad litem Dorothy Poley, and Lilyanna Elizabeth Poley, by and through her guardian ad litem Dorothy Poley, filed their complaint alleging personal injuries and other damages arising out of a mold problem existing at real property leased from defendants Jeff Johnson and Bonnie Johnson. The complaint alleges that plaintiffs moved out ...

2018.6.27 Motion to Vacate 602
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2018.6.27

Excerpt: ...no intention of attending school. Ballantyne obtained the student loan funds, and cashed one or more of the checks without plaintiff's knowledge, and used the funds for his own non-educational purposes. Plaintiff alleges that she has sustained damage, in the form of injury to her credit, and numerous and continuing damages for repayment of the funds obtained by defendant. Plaintiff filed the complaint on August 15, 2017, while in pro per. Plainti...

2018.6.27 Motion for Protection from Deposition, to Seal, for Protective Order 196
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2018.6.27

Excerpt: ...dy to appear for deposition in Texas. The quashing of the subpoena does not affect the effectiveness of the notice of deposition to ADS to require ADS to produce deponent Kennedy for deposition as an officer or managing agent of ADS. The motion is further granted to order that the deposition of Kennedy is not to be taken until after the completion of the corporate deposition of ADS and after the completion of the deposition of Jane Huston. The pa...

2018.6.26 Claim Opposition Forfeiture 857
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2018.6.26

Excerpt: ... to such an exchange or used or intended to be used to facilitate trafficking in, or the manufacture or, various controlled substances, in violation of an enumerated list of crimes, including Health and Safety Code section 11379. (People v. Superior Court (Plascencia) (2002) 103 Cal.App.4 th 409, 419.) The People contend that the money was used or intended to be used to facilitate a violation or violations of Health and Safety Code section 11379 ...

2018.6.26 Demurrer 371
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.6.26

Excerpt: ...or the reasons set forth herein, the demurrer of defendant Certified Freight Logistics, Inc., to the eighth cause of action of the first amended complaint (for violation of Labor Code section 226.8) is sustained without leave to amend and the demurrer to the tenth cause of action (PAGA) is overruled. Defendant shall file and serve its answer to the first amended complaint, as it remains after the sustaining of this demurrer, on or before July 11,...

2018.6.26 Motion to Dismiss Complaint 868
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2018.6.26

Excerpt: ...tes: “Every action must be prosecuted in the name of the real party in interest, except as otherwise provided by statute.” (Ibid.) That language does not authorize the type of attack Defendants attempt on the Second Amended Complaint (SAC) with this motion. In fact, the only statutory basis for a “motion to dismiss” under California Law is found in CCP section 389(b) (nonjoinder of necessary parties) and CCP sections 581, 583.110 et seq (...

2018.6.26 Petition to Approve Compromise of Person with Disability 980
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.6.26

Excerpt: ... Younggren-Neri of Reback, McAndrews, Kjar, Warford & Stockalper for defendant Jeffrey Fried, M.D. William Clinkenbeard of Clinkenbeard, Ramsey, Spackman & Clark LLP for defendant Santa Barbara Cottage Hospital RULING: The hearing on the petition is continued to July 10, 2018. Petitioner's counsel is invited to file a declaration setting forth the additional information articulated below, on or before July 3, 2018. Background: This medical malpra...

2018.6.26 Right to Attach 383
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.6.26

Excerpt: ...n that date. But the transcript has been provided by Mr. Katz. It is obvious the case was called and continued at the request of the Plaintiff, by Mr. Katz, and Mr. Scott to April 2, 2019. They told the Court that they have entered into a written settlement agreement that's final and binding. It is in the form of a Stipulation for Entry of Judgment on a court document. It calls for the defendant to make periodic payments every month over a ce...

2018.6.26 Demurrer, Motion to Strike, for Sanctions 224
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.6.26

Excerpt: ...tion As Trustee For WAMU Mortgage Pass Through Certificate For WMALT Series 2007-OA3 RULING: Defendants' demurrer to plaintiff's complaint is sustained without leave to amend. Defendants' motion to strike portions of the complaint is moot given the ruling on the demurrer. Defendants' motion for monetary sanctions against plaintiff and his former attorney of record, John A. Holman, is granted in the sum of $7,500.00. The sanctions shall be paid wi...

2018.6.25 Motion to Vacate 602
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2018.6.25

2018.6.25 Motion to Dismiss Complaint 868
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2018.6.25

2018.6.25 Motion for Summary Judgment 169
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2018.6.25

Excerpt: ...; plaintiff's counsel is directed to submit a different proposed judgment which complies with the restrictions and standards set forth below. Background: This is an action for unlawful detainer, related to property located at 3055 Lucinda Lane, in Santa Barbara. Plaintiff purchased the property in a foreclosure sale on October 11, 2017. On October 31, 2017, plaintiff served a notice to quit and deliver up possession of the premises (3-days' notic...

2018.6.25 Motion for Judgment on the Pleadings 517
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2018.6.25

Excerpt: ...ies of Santa Barbara, LLC: Peter W. Ross, Charles Avrith, Browne George Ross LLP For Defendants Alex Steinleitner, M.D., Inc., and Alex Steinleitner, M.D.: J. Maxwell Cooper, Michael A. Gawley, Kessenick, Gamma & Free, LLP Tentative Ruling: As set forth herein, the court on its own motion strikes the motion for judgment on the pleadings for failing to comply with Code of Civil Procedure section 439. The motion for judgment on the pleadings is ord...

2018.6.25 Demurrer, Motion to Strike 689
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2018.6.25

Excerpt: ...ase Anderson, Plaintiff in Pro Per Lihong Han, Defendant in Pro Per TENTATIVE RULING: Plaintiff's motion to strike portions of defendant's seconded amended answer is granted in part and denied in part. Plaintiff's demurrer to defendant's second amended answer is overruled. Defendant's motion for leave to file an amended cross-complaint and amended statement of damages is granted as set forth herein. BACKGROUND: This is an action for assault and b...

2018.6.25 Claim Opposition Forfeiture 857
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2018.6.25

2018.6.20 Demurrer, Motion to Strike 749
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2018.6.20

Excerpt: ...Inc., preventing the present filing of an answer or other response by that defendant. On May 21, 2018, defendant Catherin Ann (“Cat”) Cora filed a demurrer to the complaint of plaintiff Jacqueline Misho dba Misho Law Group and a motion to strike portions of the complaint. “Before filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subje...

2018.6.20 Motion to Set Aside Summary Judgment 626
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2018.6.20

Excerpt: ...2016, in People v. Joel Michael Mears, Case No. 1443227 (the “criminal case”), Financial Casualty & Surety, Inc. (“Surety”) filed Bail Bond # FCS501668949 in the amount of $50,000. The docket and records of the criminal case reveal the following activity: On April 5, 2017, the court entered a bail bond forfeiture when the defendant did not appear. On April 22, 2017, pursuant to Penal Code § 1305(b)(1), the clerk mailed a Notice of Forfei...

2018.6.20 Motion to Compel 774
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2018.6.20

Excerpt: ...2377 Refugio Road, Goleta. In the course of that employment, defendant was issued a credit card designated for use to pay legitimate ranch-related purchase and expenses under $250, and expenses over $250 only when approved in advance. The complaint alleges that defendant breached his agreement by causing damage to property totaling more than $21,518, and by making excessive and unauthorized personal charges on the credit card totaling $8,979.83. ...

2018.6.19 Motion to Strike 077
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.6.19

Excerpt: ...cause of action and the complaint as a whole. The Court awards attorney fees and costs in favor of defendant Howard M. Fields and against plaintiffs Howard Lamar and Erin McCune Lamar in the amount of $928.00. Subject to this award of fees and costs, the Court orders the action dismissed with prejudice. Background: On September 12, 2017, plaintiffs Howard Lamar and Erin McCune Lamar (collectively, the Lamars) filed their complaint in this action ...

2018.6.19 Motion to Stay All Proceedings 856
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.6.19

Excerpt: ...rews Kurth LLP Ruling: For the reasons set forth herein, the Court orders this action stayed pending and excepting the filing and disposition of a petition for coordination to be submitted by plaintiff Hockison (or by defendants) within 30 days of this order. The parties are ordered to meet and confer within 14 days of this order to identify who will originate this petition and to what extent, if any, the parties agree upon factors relevant to th...

2018.6.19 Demurrer, Motion to Strike 626
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.6.19

Excerpt: ..., and fifth causes of action in plaintiffs Jeffrey C. Myers and Chris B. Myers's second amended complaint, without leave to amend. 2) Because of the ruling on the demurrer, defendant Wells Fargo Bank, N.A.'s motion to strike a portion of the second amended complaint is moot. Background: On April 18, 2016, plaintiffs Jeffrey C. Myers and Chris B. Myers filed their complaint against defendants Wells Fargo Bank, N.A. (“WFB”); Wells Fargo Home Mo...

2018.6.19 Demurrer 655
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.6.19

Excerpt: ...s court. On or before June 22, 2018, defendant Schmidt shall serve on plaintiff Crozier, by mail or by other legally sufficient means, all documents filed with the Court as and in support of her demurrer together with a notice of continuance of the hearing to July 24, 2018. The notice of continuance, and proof of legally sufficient service of all documents, shall be filed with the Court on or before June 29, 2018. Background: As alleged in the co...

2018.6.19 Default Prove-up 540
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.6.19

Excerpt: ...and drinking alcohol. Defendant started a structure fire causing damage to Plaintiff's structure and the upstairs and neighboring structures. The lease agreement between Plaintiff and Defendant contained a no-smoking provision inside the unit, and Defendant, on multiple occasions, professed to Plaintiff and her property manager that he did NOT smoke. Seeks punitive damages; alleges Defendant knew that ingesting sedatives while drinking alcoho...

2018.6.18 Motion to Determine Prevailing Party, for Attorney Fees 544
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2018.6.18

Excerpt: ...Self-represented Tentative Ruling: The hearing on the motion to determine prevailing party and to fix attorney fees and costs is continued to July 16, 2018, at 9:30 a.m. Petitioner is to serve this order on respondent and file proof of service no later than June 20, 2018. Any opposition to this motion shall be filed and served on or before July 2, 2018. Petitioner shall also file and serve a response as set forth herein on or before July 2, 2018....

2018.6.15 Demurrer 172
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.6.15

Excerpt: ...nt is overruled. Alcor shall file and serve its answer to the cross-complaint on or before June 25, 2018. BACKGROUND: This case concerns the remains of decedent Laurence O. Pilgeram (“Mr. Pilgeram”). According to the allegations, in October 1990, Mr. Pilgeram entered into a Cryonic Suspension Agreement with plaintiff Alcor Life Extension Foundation (“Alcor”) to have his biological remains cryogenically preserved upon his death. The cost f...

2018.6.15 Demurrer, Motion to Strike 727
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.6.15

Excerpt: .... – Los Angeles) Tentative Ruling: 1) The court sustains, in part, and overrules, in part, defendant Dennis Quinn's demurrer to plaintiff Cynthia Ginn's complaint. The court sustains the demurrer to the third cause of action, with leave to amend, and the fifth cause of action, without leave to amend. The court overrules the demurrer in all other respects. If plaintiff Cynthia Ginn elects to amend the third cause of action, she shall file and se...

2018.6.15 Motion for Summary Judgment 038
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.6.15

Excerpt: ...omplainant Oak Creek Company: Larry W. Gabriel, Joseph Rothberg, Brutzkus Gubner TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiff and cross-defendant Mullen & Henzell for summary judgment or alternatively for summary adjudication is denied in its entirety. Background: In its second amended complaint (SAC), plaintiff and cross-defendant Mullen & Henzell, LLP (M&H or Firm) asserts seven causes of action against defendant ...

2018.6.15 Motion for Matters to be Deemed Admitted, to Compel Responses, for Monetary Sanctions 718
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.6.15

Excerpt: ...Batlett) Tentative Ruling: The court orders off calendar defendant Las Casita De Voluntario's Motion for Order that Matters in Requests for Admissions (Set One) be Deemed Admitted; for Order Compelling Responses to Special Interrogatories, Form Interrogatories; and Requests for Production of Documents; and for Monetary Sanction. On October 19, 2017, plaintiff Brenda Williams sued defendant Las Casitas De Voluntario, the housing cooperative of whi...

2018.6.15 Motion to Compel Further Responses, Request for Sanctions 225
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.6.15

Excerpt: ... Further Responses to Form Interrogatories, Set One; (2) Defendant's Motion to Compel Plaintiff Eric P. Hvolboll to Provide Further Responses to Requests for Production, Set One; (3) Defendant's Motion to Compel Plaintiff La Paloma Ranch, LLC to Provide Further Responses to Form Interrogatories, Set One; and (4) Defendant's Motion to Compel Plaintiff La Paloma Ranch, LLC to Provide Further Responses to Requests for Production, Set One ATTORNEYS: ...

2018.6.15 Motion to Vacate Dismissal 566
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.6.15

Excerpt: ...thia Fuentes's motion to vacate dismissal in this case and for return of security deposit, statutory penalty, and damages on illegal unit, or alternatively to enforce settlement agreement pursuant to CCP § 664.6. This case is now a limited civil action. The parties shall file any amended pleadings or cross- claims on or before June 25, 2018. At the hearing on this motion, the court will set a case management conference. Background: This case was...

2018.6.13 Motion to Lift Stay, Set Aside Dismissal, Approve PAGA Settlement 352
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2018.6.13

Excerpt: ...rds and plaintiffs' counsel's fees and costs is likewise denied without prejudice. BACKGROUND: This is a putative class action wage and hour case. Plaintiffs Rebecca Amador and Nicolas Lum worked for defendant SB Menus as pick-up and delivery drivers in and around the City and County of Santa Barbara. SB Menus is a franchisee of defendant OrderUp, Inc., which is owned by defendant GroupOn, Inc. The SB Menus website (“SBMenus.com”) allows cust...

2018.6.13 Demurrer 060
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2018.6.13

Excerpt: ...S. Los Carneros Road in Goleta, he was burned by a dangerous and defective condition at the premises, consisting of hidden high voltage cables. He filed his complaint on July 12, 2017, against original defendants Apeel Technology, Inc., dba Apeel Sciences, Inc. (erroneously sued as Apeel Services, Inc.); Southern California Edison; and Allergan Inc. (“Allergan”). The causes of action in the complaint are: 1) premises liability, 2) general neg...

2018.6.12 OSC Re Preliminary Injunction 552
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.6.12

Excerpt: ...t for hearing on 6/12. However, the order filed on 6/4/18 sets the OSC sought by plaintiff Love Lambs for hearing on 6/19, NOT 6/12. ATTORNEYS: Mack S. Staton of Mullen & Henzell LLP for plaintiffs Love Lambs II, LLC and Cortney Fishkin Christopher E. Haskell / Ryan D. Zick of Price, Postel & Parma LLP for plaintiff Casa Blanca Beach Estates Owners' Association No appearance by defendants RULING: For the reasons articulated below, the hearing on ...

2018.6.12 Motion to Compel Deposition 029
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.6.12

Excerpt: ...endants Santa Barbara County Sheriff's Office and Santa Barbara County Clinic join. The Court orders plaintiff, Robert Eldon, to attend his deposition. Defendants have not specified a time and place for the deposition. The Court will address the time and place for the deposition at the hearing. Background: This action arises out of medical care provided to plaintiff, Robert Eldon, while he was an inmate at the Santa Barbara County Jail. Defendant...

2018.6.11 Demurrer 858
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2018.6.11

Excerpt: ...efendant Sherie A. Taylor Randall J. Taylor, Defendant in Pro Per TENTATIVE RULING: The demurrer of defendant Sherie Taylor to plaintiff's third cause of action for breach of fiduciary duty is overruled. Defendant shall file and serve her answer to the first amended complaint on or before June 21, 2018. BACKGROUND: This action stems from a business dispute between plaintiff and her three siblings. Plaintiff Colleen Taylor and defendants Randall T...

2018.6.11 Motion for Attorney Fees 226
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2018.6.11

Excerpt: ...fter his attorneys were allowed to withdraw Christopher E. Haskell / Cameron Goodman of Price, Postel & Parma LLP for Casa Blanca Beach Estates Owners' Association Mack S. Staton of Mullen & Henzell LLP for defendants Love Lambs II LLC, Courtney Fishkin, and Cal Fishkin TENTATIVE RULINGS: The motions are both granted. Background: This case involved a dispute over an easement and access over plaintiff Ravindra K. Pande's property at 871 Sand Point...

2018.6.11 Motion to Compel Production of Records 319
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2018.6.11

Excerpt: ...orneys: For Plaintiff Isabel C., by and through Sandra N., her guardian ad litem, and Sierra Saragosa: Timothy C. Hale, Nye, Peabody, Stirling, Hale & Miller, LLP For Defendant Carpinteria Community Church: Thomas E. Beach, Sean D. Cowdrey, John Tullis, Beach Cowdrey Jenkins, LLP Tentative Ruling: (1) The motion of defendant Carpinteria Community Church to compel production of plaintiff Isabel C.'s records from CALM is granted in part and denied ...

2018.6.1 Motion to Compel 278
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.6.1

Excerpt: ...est for sanctions to be unwarranted and inappropriate, and denies the request. Background: Plaintiff Kim Levine, individually and as guardian ad litem for Santo Massine, brings this action against defendants Janet Berschneider, aka Jenna Berg, in her capacity as trustee of the Berg Family Trust, and Bungalow LLC. Plaintiffs began residing on the lower floor of property at 322 East Arrellaga Street in Santa Barbara on February 14, 2017. Plaintiffs...

2018.6.1 Motion for Summary Judgment 310
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.6.1

Excerpt: ...nsync, et al., Case No. 30-2014- 00701147-CU-CJP, alleging that Cottage negligently disclosed on the internet various patient records for the period September 29, 2009 through December 2, 2013. The patient records contained names, addresses, telephone numbers, dates of birth, medical information, financial information, and other confidential information. The records of approximately 32,000 patients were allegedly disclosed. The Rice action allege...

2018.6.1 Motion for Relief 163
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.6.1

Excerpt: ...order declaring that the debt at issue is invalid and that the recorded mechanic's lien is extinguished. Counsel for all defendants have signed the motion and expressly agree to entry of the order. The court deems this a stipulation for entry of the order and will grant the motion to enter the order in the form presented. However, the only form of the order presented to the court is as exhibit B to the declaration of attorney Raymond Chandler. Pl...

2018.6.1 Motion for Attorney Fees 642
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.6.1

Excerpt: ... executed by Joseph Shippee, which contained a provision that “The undersigned understands and agrees to meet Westerlay Orchids, LP payment terms of net 30 days, to personally guarantee prompt and full payment of any and all of the obligations of the above named customer, and to pay reasonable attorney fees in the event of the default.” Avanzar did not pay Westerlay, and owed it $51,214.85. Westerlay filed this action on October 13, 2016. Ava...

2018.6.1 Demurrer, Motion to Strike 771
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.6.1

Excerpt: ... arising out of an alleged altercation occurring in Lompoc between plaintiff and defendant Marvin Orellana Galvez. (First Amended Complaint [FAC], ¶ 1.) Defendant Galvez was operating a transit truck for and owned by defendant Ramsey Asphalt Construction Corp. (Ramsey Asphalt). (FAC, ¶¶ 7, 12D.) In the original complaint, Clemens further alleges that he is a resident of San Diego County. In support of their demurrer to the complaint, defendant...

2018.6.1 Demurrer 334
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.6.1

Excerpt: ... as a Forensic Liaison in the Department of Alcohol, Drug, and Mental Health Services (ADMHS). (Complaint, ¶ 6.) On July 15, 2014, McCrory voluntarily resigned her employment with ADMHS. (Complaint, ¶ 7.) On August 17, 2015, McCrory was again hired by County, this time in the role of Forensic Manager in the Department of Behavior Wellness. (Complaint, ¶ 9.) McCrory has performed her job as Forensic Manager satisfactorily at all times. (Complai...

2018.5.30 Demurrer 052
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2018.5.30

Excerpt: ...Family Trust (the Trust). (Complaint, ¶ 2.) In that capacity, San Pasqual owns an undivided 90 percent interest in real property located at 1015 Laguna Street, Santa Barbara (the Property). (Complaint, ¶¶ 1-2.) San Pasqual's interest in the Property is as tenant in common with defendant Candis Houser, who owns the remaining undivided 10 percent interest. (Complaint, ¶ 3.) Houser has expressed unhappiness with the recent efforts of San Pasqual...

2018.5.30 Motion for Judgment on the Pleadings 781
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2018.5.30

Excerpt: ...at it as a nonstatutory motion despite doubts that the nonstatutory motion survives the recent adoption of section 439. The Court denies the Motion. Background: On October 29, 2015, plaintiffs Bagdasarian Insurance Group and Christopher Bagdasarian filed their original complaint in this action against defendant E. & J. Gallo Winery (Gallo). Following multiple demurrers, plaintiffs filed their operative pleading, their third amended complaint on J...

2018.5.30 Motion for Protective Order 185
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2018.5.30

Excerpt: ...Landing MHP, LLC, and Waterhouse Management Corp. Plaintiffs' operative pleading, their first amended complaint (FAC), alleges that defendants have failed to provide and maintain conditions at the Park as legally required and that defendants have interfered with plaintiffs' rights in the Park. Defendants generally deny the allegations of the FAC and assert affirmative defenses to the claims of the FAC. The parties have engaged in substantial disc...

2018.5.30 Motion to Limit Expert Witnesses, to Continue Trial 437
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2018.5.30

Excerpt: ...prenatal care, and that defendants negligently failed to properly examine, care for, screen, or inform her of MS-AFP testing, or otherwise diagnose his Down Syndrome and give her the option of abortion. The action is currently scheduled for a Trial Confirmation Conference on June 13, 2018. When the parties exchanged expert witness information, defendants designated Marc Incerpi, M.D., a perinatologist, and Paul Weber, M.D., an OB/GYN, to testify ...

2018.5.30 Petition for Writ of Mandate 044
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2018.5.30

Excerpt: ...itials only are used), a custody deputy with SBSO. On June 17, 2013, RK was involved in an incident at the Santa Barbara County Jail in which he and another custody deputy allegedly used excessive force against an inmate while escorting the inmate from his regular cell to a more secure cell. Following an investigation of the incident, SBSO terminated RK from his employment. RK appealed his termination to respondent Civil Service Commission for th...

2018.5.29 OSC Re Preliminary Injunction 752
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.5.29

Excerpt: ... SBB Villas LLC and Kiran Pande (collectively, "Defendants") shall appear on June 12, 2018, at 9:30 am, in Department 3 of this Court, located at 1100 Anacapa Street, Santa Barbara, CA 93101, to show cause, if any exists, why the Court should not issue a preliminary injunction restraining and enjoining Defendants, and anyone acting on their behalf or in concert with them: (a) from transferring, or otherwise encumbering real property locat...

2018.5.29 OSC Re Preliminary Injunction 552
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.5.29

Excerpt: ...d service of the TRO and OSC were not accomplished within the time required by Code of Civil Procedure section 527. As a result, the TRO must be dissolved. However, as described below, it may be reissued upon receipt of a declaration pursuant to Section 527(d)(5), and the OSC may then again be set for hearing. Court records do not show that any such declaration has yet been submitted by plaintiffs. However, there remains ample time to do so prior...

2018.5.29 Motion to Compel Answers 332
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.5.29

Excerpt: ... complete verified responses, without objections, to Request for Production, Set No. One, served on plaintiff on November 6, 2017, within thirty (30) days of the hearing on this motion. The second motion [filed 3/2/18] is to serve full and complete verified answers, without objections, to Form Interrogatories, Set No. One, served on plaintiff on November 6, 2017, within thirty (30) days of the hearing on this motion. The motions were set for 4/3/...

2018.5.29 Motion for Leave to File Complaint 634
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.5.29

Excerpt: ...s Plaintiff moves to file a First Amended Complaint to include negligent entrustment language, thereby making the limitations on owner liability pursuant to the California Vehicle Code inapplicable, and making Defendant Ana Maria Oliva and DOES and any one of them, jointly and severally liable for the full amount of Plaintiff's damages, to wit: $27,324.90; attaches a copy of Plaintiff's First Amended Complaint for Subrogation Recovery; propos...

2018.5.29 Motion for Determination of Good Faith Settlement 847
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.5.29

Excerpt: ...Inc.: Eric Berg For Cross-Defendant and Cross-Complainant Schock Contracting Corporation: Steven W. Sedach Ruling: For the reasons set forth herein, the motion of Schock Contracting Corporation for determination of good faith settlement is denied without prejudice to the filing of a renewed motion following the close of discovery in this action. Background: On April 26, 2017, plaintiff City of Santa Barbara (City) filed its original complaint in ...

2018.5.25 Demurrer, Motion to Quash 747
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.5.25

Excerpt: ...nd: On December 20, 2017, plaintiff Rancho Las Cruces, LLC, filed a complaint in unlawful detainer. Defendant Robert Allen Ramirez filed a demurrer and motion to quash service of summons. The court sustained the demurrer with leave to amend. On April 2, 2018, plaintiff filed its Verified First Amended Complaint for Forcible Entry (“FAC”) alleging: On April 20, 2017, plaintiff was entitled to possession of real property described as APN 081-08...

2018.5.25 Motion for Summary Judgment, Adjudication 303
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.5.25

Excerpt: ...On December 18, 1970, Sedgwick and plaintiff David Weisman, a film producer and director, entered into a contract in which Sedgwick granted to Weisman “all rights, worldwide, in perpetuity, in media and in all means whether presently known or unknown, to the results and proceeds of [Sedgwick's] services, and grants [Weisman] the right to utilize [Sedgwick's] name, likeness and biography in connection with advertising or publicizing the motion p...

2018.5.25 Motion to Compel Further Responses, Sanctions 310
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.5.25

Excerpt: ... the trial court granted terminating sanctions against Davidson, based upon her failure to respond to discovery, after several successful motions to compel. Davidson contends that defendant Hopps never advised her of the filing of the motions to compel or motion for terminating sanctions, nor did he advise her that the latter motion had been granted and the action dismissed. That dismissal was later reversed on appeal, but plaintiff in this actio...

2018.5.25 Motion to File Complaint 436
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.5.25

Excerpt: ...t further sought reasonable attorneys' fees, and forfeiture of the agreement. A default was entered against one of the four named defendants on March 29, 2018, but was set aside by order obtained after an ex parte application, and defendants were permitted to answer on April 10, 2018. Motion: Plaintiff now seek to file a First Amended Complaint, on the ground that possession of the property is no longer at issue. Consequently, the case is no long...

2018.5.25 Motion to Tax Costs 536
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.5.25

Excerpt: ...Micheltorena Street. When Mr. Birdsall attempted to make a right turn onto northbound Santa Barbara Street (Santa Barbara Street is a one-way street in that area, going northbound only), his vehicle and the southbound Mr. Loza collided. Mr. Loza sustained injuries in the collision. The complaint was filed on February 3, 2017. On November 22, 2017, defendants served a settlement offer pursuant to Code of Civil Procedure section 998. The offer soug...

2018.5.24 Motion to Strike 959
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.5.24

Excerpt: ...h & Whatley, PC [email protected]; [email protected]; [email protected]; [email protected]; tshapiro@Santa Ruling: For the reasons set forth herein, the motion of defendant City of Santa Barbara to strike from the first amended complaint plaintiffs' req u Background: Plaintiffs Rolland Jacks and Rove Enterprises, Inc., dba Hotel Santa Barbara, on their own behalf and on behalf of all others similarly si t the first amended comp...

2018.5.22 Petition for Writ of Mandate 561
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.5.22

Excerpt: ...it corporation and the owner of Rancho Del Cielo, the former home and retreat of President Ronald Reagan (the “Reagan Ranch”), located in the Santa Ynez Mountains north of Santa Barbara. The Reagan Ranch consists of 688 acres and includes an adobe residence and related structures. The Reagans purchased the ranch in 1974, shortly before Ronald Reagan completed his second term as governor of California. Numerous artifacts of the Reagan governor...

2018.5.22 Motion to Strike Punitive Damages 745
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.5.22

Excerpt: ...hern California Edison Company Ruling: For the reasons set forth herein, the motion of defendant Southern California Edison to strike portions of the complaint is granted, without leave to amend, to strike paragraphs 42, 50, 54, and 66 of the text of the complaint and to strike paragraph 7 of the prayer on page 14 of the complaint. This ruling is without prejudice to the filing of a noticed motion to amend to allege claims for punitive damages at...

2018.5.22 Motion to Set Aside Summary Judgment 693
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.5.22

Excerpt: ...ril 4, 2018; vacates the forfeiture of Bail Bond #FCS1001668951 in People v. Joel Michael Mears, Case No. 1444629; and exonerates Bail Bond #FCS1001668951. Background: On July 12, 2016, in People v. Joel Michael Mears, Case No. 1444629 (the “criminal case”), Financial Casualty & Surety, Inc. (“Surety”) filed Bail Bond # FCS1001668951 in the amount of $100,000. The docket and records of the criminal case reveal the following activity: On A...

2018.5.22 Motion for Leave to File Complaint 844
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.5.22

Excerpt: ...ager & Dowling Ruling: The motion of cross-complainants Charles S. Crail and Charles S. Crail Automobiles for leave to file an amended cross- complaint is granted as qualified herein. There are two issues of form that the Court has with the proposed amended cross-complaint. First, the amended cross- complaint as proposed does not state in its caption that it is the first amended cross-complaint rather than an original cross-complaint as required ...

2018.5.22 Demurrer, Motion to Strike 224
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.5.22

Excerpt: ...OA3: Steven M. Daily, Rebecca L. Wilson, Kutak Rock LLP Ruling The Court continues the hearing on the demurrer and motion to strike of defendants to June 26, 2018. Background On March 9, 2018, plaintiff David Fee, then represented by counsel, filed his original complaint in this action against defendants Select Portfolio Servicing, Inc., (erroneously sued as Select Portfolio Services) and U.S. Bank National Association, as trustee for WaMu Mortga...

2018.5.21 Demurrer 128
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2018.5.21

Excerpt: ...WFBM, LLP Tentative Ruling: For the reasons set forth herein, the demurrer of defendant Fiore Management LLC to the first cause of action and to the complaint is overruled, and the demurrer of defendant Adrian Z. Sedlin is sustained, with leave to amend, as to the second and third causes of action and to the complaint as a whole. Plaintiffs Canndescent JV, L.L.C., and MSLTD, L.L.C., shall file and serve their first amended complaint on or before ...

2018.5.21 Motion to Approve Preliminary Class Action Settlement 388
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2018.5.21

Excerpt: ... Steenberge, Brownstein Hyatt Farber Schreck, LLP For Plaintiffs Tim Behunin, Trustee of the Behunin Family Trust, Carolyn Pappas, Patrick L. Connelly, individually and on behalf of the Plaintiff Classes: Marcus S. Bird, Hollister & Brace For Defendants California Coastal Commission and State Coastal Conservancy: Xavier Becerra, Jamee Jordan Patterson, Office of the California Attorney General For Defendant Rancho Cuarta: Joseph Liebman Tentative...

2018.5.21 Motion for Summary Judgment, Adjudication 405
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2018.5.21

Excerpt: ...TATIVE RULING: Plaintiff's motion for summary judgment or, in the alternative, summary adjudication is denied. BACKGROUND: Plaintiff Michael S. Little is an oil and gas attorney licensed in Louisiana and a close friend of Matthew Martin, a former employee and director of Gente Oil U.S.A. (“GOUSA”). In 2015, plaintiff referred Mr. Martin to defendant Edward G. Mannion and his firm, defendant Mannion & Lowe, a Professional Corporation, for repr...

2018.5.21 Motion to Seal, for Summary Judgment, Adjudication 009
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2018.5.21

Excerpt: ...Secrest (Santa Barbara); Carney R. Shegerian (Shegerian & Assoc. – Santa Monica) For Defendants: Janice P. Brown, et al. (Brown Law Group – San Diego); Apalla U. Chopra, Adam J. Karr (O'Melveny & Myers – Los Angeles) Tentative Ruling: 1. The court denies defendants Bank of America N. A. and Merrill Lynch, Pierce, Fenner and Smith, Inc.'s motion for summary judgment or, in the alternative, summary adjudication. 2. The court grants, in part, ...

2018.5.18 Motion to Compel Further Responses, Request for Production of Docs, Sanctions 225
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.5.18

Excerpt: ...as all responsive documents and any privilege log, shall be served on or before June 4, 2018. Plaintiffs are awarded monetary sanctions in the amount of $5,175.00. BACKGROUND: This is an action for personal injuries and property damage arising out of the June 2016 Sherpa Fire in Goleta, California. At the time of the fire, defendant Presbyterian Camp and Conference Centers, Inc. (“PCCC”) owned, occupied, and controlled real property located 2...

2018.5.18 Motion for Leave to File Complaint 894
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.5.18

Excerpt: ... in a collision with a GMC Sierra owned by defendant David Comer and operated by defendant Gary Kristian Comer. The complaint, filed on June 29, 2017, alleges causes of action for (1) negligence, (2) negligence per se (asserting violations by defendants of Vehicle Code sections 21650 [requiring vehicles on highways be driven on the right half of the roadway], and 22350 [basic speed law]), and (3) statutory liability of vehicle owners under Vehicl...

2018.5.18 Demurrer, Motion to Strike, to Compel 955
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.5.18

Excerpt: ...st amended complaint without leave to amend. The court overrules the demurrer in all other respects. These defendants shall file their answer to the remaining causes of action asserted against them in the first amended complaint on or before May 29, 2018. 2. The court sustains defendant Indigo European Motorcars, LLC's demurrer to the sixth and ninth causes of action in plaintiff Roy E. Stephenson's first amended complaint without leave to amend....

2018.5.18 Demurrer 644
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.5.18

Excerpt: ...s overruled. Cross- complainant shall file and serve its second amended cross-complaint on or before June 4, 2018. Background: Cross-complainant Alternative Beauty Services Ltd. (ABS or Alternative) (erroneously sued as Alternative Beauty LTD) is a top distributor of fine beauty products in Ontario, Canada. (First Amended Cross-Complaint [FACC], ¶ 2.) Cross- defendant Olaplex, LLC (Olaplex) was formed in early 2014 and launched its family of pro...

2018.5.16 Motion to Set Aside Summary Judgment 944
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2018.5.16

Excerpt: ...i Meeks, Case No. 1478819; and exonerates Financial Casualty & Surety, Inc.'s Bail Bond # FCS101752654. Background: On April 27, 2017, in People v. Kumasi Meeks, Case No. 1478819 (the “criminal case”), Financial Casualty & Surety, Inc. (“Surety”) filed Bail Bond #FCS101752654 in the amount of $10,000. The docket and records of the criminal case reveal the following activity: On May 8, 2017, the court entered a bail bond forfeiture when th...

2018.5.16 Motion for Consolidation, to Stay, Enforcement of Judgment 578
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2018.5.16

Excerpt: ... of City of Simi Valley to present oral testimony in support of this motion is denied. Background: There are two actions involving Negele & Associates (N&A) and the City of Simi Valley (City). Both actions arise out of attorney services performed by N&A for City for the same underlying case. (1) Case No. 16CV00578 In this case (case No. 16CV00578) (the Contract Action), N&A filed its action on May 5, 2014, in Los Angeles County for breach of cont...

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The Best Way toLearn About a Judgeis to Read Their Rulings!

The Best Way to
Learn About a Judgeis to Read Their Rulings!