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2023.12.08 Demurrer, Motion to Strike 439
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.12.08
Excerpt: ...ntiff shall file and serve a first amended complaint on or before December 18, 2023. Background: This action arises out of the purchase of a vehicle manufactured by defendant General Motors, LLC (GM). As alleged in the complaint filed by plaintiff Thomas Schiferl on August 8, 2023: On September 16, 2020, plaintiff travelled to Bunnin Chevrolet in Santa Barbara, California, to acquire a safe and reliable electric vehicle that would be able to go a...
2023.12.08 Demurrer 768
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.12.08
Excerpt: ...er Properties, LLC ("JCP"), James Bradford Jellison, and Teresa M. Jellison. On June 5, 2023, plaintiff filed the operative first amended complaint ("FAC") setting forth causes of achon for negligence and premises liability. As alleged in the FAC: On May 30, 2022, Trejo was lawfully on the property located at 6505 Camino Carreta, in the City of Carpinteria, California 95204. (FAC, "1 5, 11. "Defendants requested that Plaintiff perform this danger...
2023.12.08 Demurrer 328
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.12.08
Excerpt: ...fendant shall file and serve its answer to plaintiffs' first amended complaint on or before December 28, 2023. Background: Plaintiffs Peter Jorgensen and Andrea Jorgensen (collectively, plaintiffs) filed their operative first amended complaint (FAC) in this matter on July 26, 2023. As alleged in the FAC: In 2018, plaintiffs purchased a home located at 5575 Somerset Drive in Goleta, California (the property). The City of Goleta (the City) has owne...
2023.12.06 Motion to Withdraw as Attorney 573
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.12.06
Excerpt: ...1. Motion to Withdraw: The proposed order attorney Mr. Lynn submitted cannot be signed as is and must be resubmitted for signature after correction by the attorneys. They provide that the attomey is relieved as counsel of record effective 9/12/23—which is simply improper. The Court does not grant these motions retroactively. It should be resubmitted, with No. S.a. checked (which provides that "[a]ttorney is relieved as counsel of record for cli...
2023.12.06 Motion to Compel Responses, for Sanctions 712
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.12.06
Excerpt: ... not provided to the propounding party prior to the hearing on the motion. Sanctions are a deemed admissions motion. Sanctions are awarded in the amount of $6,000 and to be paid by the Defendant and/or Defendant's counsel by 1/1/24. Analysis There are 2 motions to compel any discovery responses, and one motion for deemed admissions, set for hearing; Defendant opposed the motions on several grounds, which are fully set forth in their papers: (1) C...
2023.12.06 Motion for Summary Judgment 430
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.12.06
Excerpt: ... 2/7/24 and the MSC date of 1/19/24 are confirmed. The final CMC set for 12/13/23 is vacated. Background On June 28, 2022, Plaintiff Carizona Properties (Carizona) filed its complaint against Defendants FRI-M, LLC (FRI-M), and Sharis CP, LLC (Sharis CP) (collectively, Defendants). The Judicial Council form complaint asserts one cause of action for breach of contract. As alleged in the complaint: On December 20, 1973, Carizona entered into a writt...
2023.12.04 Motion to Terminate Stay 215
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.12.04
Excerpt: ...f plaintiff Cesar "Tito" Arriaza to lift the stay of proceedings is denied. Background: On January 19, 2022, plaintiff Cesar "Tito" Arriaza filed a complaint alleging a single cause of action against defendant Birnam Wood Golf Club (Birnam Wood) under Labor Code section 2598 et seq. (the Labor Cade Private Attorneys General Act of 2004 or PAGA). Arriaza contends that he began working full time for Birnam Wood in as an "accounts payable (AP) / Pay...
2023.11.29 Petition for Writ of Mandate, Application to Seal Memorandum of Points and Authorities 230
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.11.29
Excerpt: ...G (1) For all reasons discussed herein, the verified petition for writ of mandate of Petitioner Jay Hotchner is denied. (2) For all reasons discussed herein, the application to seal the memorandum in support of Petitioner Jay Hotchner's writ of mandate is denied. Petitioner's memorandum of points and authorities in support of Petitioner's writ of mandate, lodged conditionally under seal on Cktober 13, 2023, shall be filed in the public record. (3...
2023.11.29 Motion for Leave to File Amended Complaint, to Seal 450
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.11.29
Excerpt: ...all be filed by 12/4/23. 2. The motion to seal is granted. Counsel to submit to the Court a order which satisfies the requirements of Rule 2.55(Md) and (e). 3. The Trial [hte of 1/31/24 is continued to 5/29/24; the MSC set for 1/5/24 is continued to 5/2/24; another CMC is set for 3/27/24 at 8:30am. Motion to file a AC Pursuant to Code of Civil procedure section 473(a)(1), the Court may, in furtherance of justice, and on any terms as may be proper...
2023.11.29 Motion for Judgment on the Pleadings 157
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.11.29
Excerpt: ...e motion of Defendant Roe 2 for judgment on the pleadings is denied. Background As alleged in the first amended complaint (FAC): Defendant Roe 1 was the principal at a public elementary school owned by Defendant Roe 2 and located in Santa Barbara County, California. (FAC, GN-I [first cause of action], Prem.L-3 & L-5.a [second cause of action], IT-I [third and fourth causes of action].) Between 1972 and 1976, during the time Ræ 1 was employed as ...
2023.11.29 Motion for Bifurcation 171
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.11.29
Excerpt: ..."Inzunza") is represented by German A. Marcucci, Dominique Sicari, Cross Defendant Lowe's Home Centers, LLC ["Lowe's" and sometimes "Lowes"] is represented by Joan E. Cochran, Lisa Kralik Hansen, Deborah A. Smillie Issue Inzunza's Motion for Bifurcation. Ruling Inzunza's motion for bifurcation is DENIED. The matter will be tried in a single jury trial, with a subsequent judicial determination of contractual indemnity issues, and/or any other issu...
2023.11.27 Demurrer 308
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.11.27
Excerpt: ...RULING: The court overrules the demurrer of defendant to plaintiff's second amended complaint. shall file and serve its answer to plaintiff's second amended complaint on or before December 7, 2023. Background: Plaintiff Alexander Kaay filed his original complaint in this matter on June 20, 2022. As alleged in the original complaint, plaintiff bought undevelo#d property located at Barger Canyon Road in the County of Santa Barbara (the property) fr...
2023.11.27 Motion for Final Approval of Class Action Settlement 389
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.11.27
Excerpt: ... For Plaintiffs Christian P. Adame Prado, Maria Torres, and the putative class: Kashif Haque, Samuel A. Wong, Jessica L. Campbell, Joseph M. Szilagyi, Aegis Law Firm, PC For Defendant Natural Pack, Inc.: Nicholas Kanter, Lewitt, Hackman, Shapiro, Marshall & Harlan TENTATIVE RULING: For all reasons discussed herein, plaintiffs' motion for final approval of class action settlement is granted in accordance with this ruling. Counsel shall appear at t...
2023.11.22 Motion for Leave to File FAC 171
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.11.22
Excerpt: ...Defendant/Cross-Complainant/Cross-Defendant Inzunza Trucking Corp.: German A. Marcucci, Dominique Sicari For Plaintiff USAA Casualty Insurance Company as Subrogee of Kristin Fraser: Kellie Terhyufen Issue Plaintiffs Kristin Fraser's and Jason Lloyd's Motion for Leave To File a First Amended Complaint Ruling The Motion is DENIED Plaintiffs' Moton Filed 10/13/23; set hearing for 11/22/23; 44 pages; summarized; seeks leave to file a First Amended Co...
2023.11.22 Motion for Entry of Judgment 811
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.11.22
Excerpt: ...nd judgment for the Court's signature. The Court shall retain jurisdiction over the parties to enforce the settlement until in full of the terms of the settlement. Background This action commenced on May 4, 2021, by the filing of the judicial council form complaint by Plaintiff Santa Barbara Cardiovascular Medical Group, Inc. (SBCMG) against Defendants PRS Credentialing Services, LLC (PRS) and Larry G. DeHoyos. The complaint contains causes of ac...
2023.11.22 Motion to Set Aside Judgment 588
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.11.22
Excerpt: ...set forth herein: 2. 3. As Plaintiff's opposition to the motion was filed 14 calendar days late, the hearing on this matter is continued to December 27, 2023, at 10M a.m. Defendants' reply brief shall be filed and served no later than December 13, 2023. Plaintiff shall give notice to all parties of this ruling and file a prcx)f of service of same. Background This action was commenced on November 18, 2022, by the filing of the complaint by Plainti...
2023.11.20 Motions to Compel Further Responses 500
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.11.20
Excerpt: ...to Form Interrogatories, Special Interrogatories, Demands for Production, Requests for Admission Motons to compel further responses from Steven Fairly to Form Interrogatories, Special Interrogatories, Demands for Production, ATTORNEYS: For Plaintiffs Carina and Steven Fairly: Carina and Steven Fairly, In pro per For Defendant Estate of Malcolm S. Shryer and Diane M. Schryer: Erin Hallissey, David Lang, of Daniels Fine Israel, Schonbuch & Lebovits...
2023.11.20 Motion to Modify Subpoena, to Compel Further Responses, to Quash 268
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.11.20
Excerpt: ...ses and documents responsive to Evgenia Quaid's request for production of documents. ATTORNEYS: Craig S. Granet / Claire K. Mitchell of RIMON, PC and Andrew W. Zepeda of Lurie, Zepeda, Schmalz, Hogan & Martin for plaintiffs R. Scott Turicchi and Lannette C. Turicchi Grant Puleo / Karen L. Alexander / Daniel M. Doff of Duane Morris LLP for defendants Randy Quaid and Evgenia Quaid TENTATIVE RULINGS: The Turicchis' motion to modify the sublN)ena iss...
2023.11.20 Motion for Issue and Evidentiary Sanctions, for Monetary Sanctions 978
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.11.20
Excerpt: ... For Defendants AG Roots, LLC, Heirloom Valley LLC, Wil Crummer, Jack Crummer, Keith Crummer, Jay Caplan, Marybeth Hammond, and Defendant and Cross-complainant Farm and Ranch Management LLC: Lance M. Williams, Amanda D. McGee, Boren, Osher & Luftman, LLP TENTATIVE RULING: (1) Defendant Heirlcx)rn Valley, LLC's request for issue or evidentiary sanctions will be denied without prejudice; (2) Plaintiff Jesse Zaragoza shall comply with the August 7, ...
2023.11.20 Application for Right to Attach Order and for Issuance of Writ of Attachment 219
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.11.20
Excerpt: ... Ian Alban Stewart, Sr., and Ian Alban Stewart, Jr. : J. Paul Gignac, Rimon, TENTATIVE RULING: For the reasons set forth herein, the application of plaintiff Norman Colavincenzo, as trustee of the Michael M. Stewart Trust, for a right to attach order and for issuance of a writ of attachment is denied. Background: On October 27, 2022, plaintiff Norman Colavincenzo, as trustee of the Michael M. Stewart Trust (MMS Trust), filed his original complain...
2023.11.17 Motion for Sanctions 295
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.11.17
Excerpt: ...e loss of the hard drives to the trier of fact. The court awards monetary sanctions in favor of plaintiff California State Lands Commission and against defendant and cross- complainant Signal Hill Service, Inc., in the amount of $13,200.W, to be paid to counsel for plaintiff on or before December 15, 2023. In all other respects the motion is denied. Background: On August 14, 2019, plaintiff State Lands Commission (Commission) filed its complaint ...
2023.11.17 Motion for Preliminary Approval of Class Action Settlement 849
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.11.17
Excerpt: ...urt at this time. Background: The first amended complaint (FAC) filed by plaintiff Joel Cummings in this matter on March 22, 2018, on behalf of himself and others similarly situated, alleges six causes of action against defendant Eureka Restaurant Group LLC: (1) failure to provide meal periods; (2) failure to provide rest periods; (3) unfair competition; (4) failure to provide accurate wage statements; (5) failure to pay all wages owed upon termi...
2023.11.17 Motion for Determination of Good Faith Settlement 517
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.11.17
Excerpt: ...agreement discussed herein together with the affidavit or declaration required by this ruling. (3) On or before November 29, 2023, Ply Gem shall file and serve a supplemental moving brief, if appropriate, in accordance with this ruling. (4) On or before December 6, 2023, Hayward shall file and serve its response to any supplemental brief that may be filed by Ply Gem in accordance with this ruling. (5) No party shall file any additional papers not...
2023.11.17 Motion for Attorney Fees 360
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.11.17
Excerpt: ... Josue Gamino, and Diego Rodriguez Garcia filed their original complaint in this achon against defendants R.J. Carroll & Sons, Inc. (RJ Carroll), and Stuart Carroll (collectively, defendants). On December 3, 2020, plaintiffs filed their operative pleading, the second amended complaint (SAC). The SAC asserts wages and hour, fraud, and health and safety claims against defendants. On January 12, 2021, defendants filed their answer to the SAC general...
2023.11.15 Motion for Preliminary Approval of Class Action Settlement 162
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.11.15
Excerpt: ...ourt has reviewed the proposed order submitted with the motion and intends on signing the same. The relevant terms include: 2. 3. 4. 5. 6. Preliminary approval of the settlement set forth in the Class Action Settlement Agreement is granted; The settlement class is conditionally certified; Cristina Calzada-Guido is provisionally as the representative of the settlement class; Arby Aiwazian, Joanna Ghosh, and Yasmin Hosseini of Lawyers for Justice, ...
2023.11.15 Motion to File Under Seal Docs 608
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.11.15
Excerpt: ...ile under seal of Plaintiff John Doe #3 is granted. Plaintiff's exhibits 7, 8, and 19, which were lodged with this Court on August 16, 2023, in support of Plaintiff's opposition to Defendant Santa Barbara Unified School District's motion for summary judgment, are ordered filed under seal. No other Court records or records relating to the case are to be sealed at this stage of the proceedings. Only the Court, the parties named in this action and t...
2023.11.15 Motion for Summary Judgment, for Terminating Sanctions, to Strike Answer 982
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.11.15
Excerpt: ...ant 1604 Sunset Plaza LLC: unrepresented For Plaintiff and Cross-Defendant Elliot Lander: Self-Represented For Defendant and Cross-complainant Preferred Bank: Michael E. Bubman, Mirman, Bubman & Nahmias, RULING For the reasons set forth below: 2. 3. 4. Defendant Preferred Bank's motion for summary judgment is granted. Defendant Preferred Bank's motion for terminating sanctions is granted. The trial date of 11/29/23 is ordered off calendar. Prefer...
2023.11.15 Motion to Compel Arbitration 710
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.11.15
Excerpt: ...acific Premier Bank to compel arbitration is granted. Plaintiff's claims against Defendant shall to arbitration. This litigation shall be stayed the completion of arbitration. The Court will set a follow-up CMC for 11/20/24 at 8:30am dismiss the case if everything is done. Background This action relates to the disbursement of insurance proceeds following a fire at property owned by the Gregg Welsh Revocable Trust U/T/D dated August 31, 2015 (the ...
2023.11.13 Motion to Compel Further Responses 500
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.11.13
Excerpt: ...S: For Plaintiffs Carina and Steven Fairly: Carina and Steven Fairly, In pro per For Defendant Estate of Malcolm S. Shryer and Diane M. Schryer: Erin Hallissey, David Lang, of Daniels Fine Israel, Schonbuch & Lebovits LLP TENTATIVE RULING: Defendant's motions to compel further responses from Carina Fairly to Form Interrogatories, Interrogatories, Demands for Production and Requests for Admission are denied, without prejudice to the filing of futu...
2023.11.13 Motion for Preliminary Injunction 083
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.11.13
Excerpt: ...ty District Attorney; Hydee Feldstein Soto, Kathleen A. Kenealy, William R. Pletcher, Miguel J. Ruiz, Louisa O. Kirakosian, Office of the Los Angeles City Attorney For Defendant Sunseeker Enterprises, Inc., dba Sun Firedefense: Michael N. Sofris, Action Legal Team For Defendant James E. Moseley: Self-represented TENTATIVE RULING: To the extent set forth herein, the motion of plaintiff People of the State of California for issuance of a preliminar...
2023.11.08 Motion to Strike Costs 720
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.11.08
Excerpt: ...nt Berylwood Heights Mutual Water Company: Joseph A. Salazar, Jr., Lewis Brisbois Bisgaard & Smith LLP For Amici Curiae Las Posas Farming Group: Matt Kline, Barton (Buzz) Thompson, Russell McGlothlin, Heather Welles, O'Melveny & Myers LLP RULING For all reasons discussed herein, the motion of Plaintiff US Horticulture Farmland, LLC, to strike costs is denied. The Court confirms an award of costs in the amount of $14,572.74 in favor of Defendants ...
2023.11.08 Motion to Compel Further Responses, for Sanctions 213
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.11.08
Excerpt: ...glor, Littler Mendelson, P.C. For Defendant Zeb Albert: No appearance For Defendant Caroline Neufeld: No appearance RULING This case is also on the CMC Calendar for 11/8/23; the CMC and the CL&M matters will both be called on the 10 am Calendar; no appearance necessary for the 8:30am CMC Calendar. The Trial Date of 4/24/24 is CONFIRMED For the reasons set forth herein: 1. The motion to compel further responses to requests for production of docume...
2023.11.08 Motion for Order for Prejudgment Possession 430
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.11.08
Excerpt: ... possession is granted. The Court will sign the prolN)sed order submitted by City of Goleta. Background Plaintiff City of Goleta ("City") filed its complaint in eminent domain on August 8, 2023, against Defendants County of Santa Barbara, Santa Barbara Flood Control and Southern California Gas Company. As alleged in the complaint: "City seeks to acquire, by eminent domain, a Permanent Easement for public recreational trail purposes and an associa...
2023.11.08 Motion for Enforcement of Roadway Easement Use and Maintenance Agreement, Liquidated Damages, Attorney Fees 421
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.11.08
Excerpt: ...n, the motion of Plaintiff Tine F. Sloan to enforce the 2018 Roadway Easement Use And Maintenance Agreement and for liquidated damages, attorney fees, and restoration of a modified fence is denied. Background Plaintiffs Tine F. Sloan (Sloan) and Michael Corrigan (Corrigan) (collectively, Plaintiffs) filed this action against Defendant Gregg Patronyk (Patronyk) on August 20, 2019, to enforce the terms of a 2018 Amended and Restated Roadway Easemen...
2023.11.08 Demurrer, Motion to Strike 826
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.11.08
Excerpt: ...sed herein, the demurrer of Defendant IV Properties, Inc., to Plaintiffs' complaint is overruled. (2) For all reasons discussed herein, the motion to strike of Defendant IV Properties, Inc., is denied. Background Plaintiffs Kaia Leibo Benjamin Richardson (Richardson), and Abby Wilbur (Wilbur) (collectively, Plaintiffs), individually and on behalf of others similarly situated, filed their original class action complaint in this matter on September...
2023.11.06 Motion to Dismiss 693
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.11.06
Excerpt: ...icles: Rob Bonta, Gary S. Balekjian, Catherine E. Wise, Office of the Attorney General of California TENTATIVE RULING: For all reasons discussed herein, the motion of respondent for mandatory dismissal of this is granted. This matter shall be dismissed without prejudice. Background: On December 18, 2017, #titioner Patricia A. McNally filed her verified petition for writ of administrative mandamus or mandate, alleging that respondent Jean Shiomoto...
2023.11.06 Motion for Relief from Improperly Filed Criminal Evidence 268
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.11.06
Excerpt: ...ranet / Claire K. Mitchell of Rimon, P.C. and Andrew W. Zepeda of Lurie, Zepeda, Schmalz, Hogan & Martin for plaintiffs R. Scott Turicchi and Lannette C. Turicchi Grant Puleo / Karen L. Alexander / Daniel M. Doff of Duane Morris LLP for defendants Randy Quaid and Evgenia Quaid TENTATIVE RULING: For reasons more fully articulated below, motions will be denied in their entirety. Background: This action was commenced on November 25, 2019, by the fil...
2023.11.03 Demurrer, Motion to Strike 365
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.11.03
Excerpt: ...Koopmans and Lynda Koopmans: Jacob Lister and Tionna Dolin For Defendant Genera/ Motors, LLC: Ryan Kay and Mary Arens McBride TENTATIVE RULING: Defendant's demurrer to plaintiff's first amended complaint is overruled. Defendant's motion to strike punitive damages from plaintiff's first amended complaint is denied. Defendant shall file and serve an Answer to the first amended complaint no later than November 24, 2023. Background: This achon was co...
2023.11.03 Demurrer 757
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.11.03
Excerpt: ...ckground: Plaintiff's original complaint, filed April 21, 2023, named only Goleta Valley Cottage Hospital (GVCH) as a defendant, and set forth causes of action for professional negligence, medical battery, nonconsensual implantation of subcutaneous device (Civ. Code, S 52.7), and non-disclosure and fraudulent concealment. The complaint alleged that it is related to Santa Barbara Superior Court Case No. 1402957 (Richard L Cain v. Pueblo Radiology ...
2023.11.03 Petition to Compel Binding Arbitration and Stay 329
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.11.03
Excerpt: ...tt A. Jaske, Mark T. Coffn, PC For Defendants and Cross-complainants DS Infinity Holding Corp. and Daniel Starr: Lawrence J. Conlan, G. Michael Brelje, and Andrew J. Dickerson, Cap#llo & Noel LLP TENTATIVE RULING: The (motion) of plaintiff and cross-defendant Litchfield Builders and cross-defendants Stephan Litchfield and Tara Fergusson is granted in part and denied in part. The motion is granted to order to arbitration all claims in the first am...
2023.11.03 Motion for Leave to File SAC 412
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.11.03
Excerpt: ...and through the Department of Parks & Recreation: Rob Bonta, Christine E. Garske, Kelly T. Smith, Offce of the Attorney General of California TENTATIVE RULING: For all reasons discussed herein, the motion of plaintiff for leave to file a second amended complaint is granted. Plaintiff shall file and serve the second amended complaint, in the form attached to plaintiffs motion, on or before November g, 2023. Background: On June 27, 2022, plaintiff ...
2023.11.03 Motion for Summary Judgment 597
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.11.03
Excerpt: ... of plaintiff Jason Welsh for summary judgment is denied. Appearances are required at the case management conference to be conducted concurrently with the hearing on the motion for summary judgment, and the parties are to be prepared to discuss the issues identified herein at that conference. Background: On February 15, 2022, petitioner Jason Welsh filed his petition pursuant to Corporations Code section 17711.06 to determine the fair value of We...
2023.11.03 Motion to Quash Foreign Subpoena 245
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.11.03
Excerpt: ...P.C. For Defendant, Cross-complainant, and Cross-Defendant Brian M. Metcalf: Jason W. Wansor, R. Scott Mullen, Rogers, Sheffield & Campbell, LLP TENTATIVE RULING: For all reasons discussed herein, plaintiff's petition to quash is denied with the following conditions imposed by the court: 2. Except upon further order of the court, the shall be limited in time from the opening of the account in 2017, to March 29, 2021. This limitation is without pr...
2023.11.01 Motion to Compel Responses, for Sanctions 747
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.11.01
Excerpt: ...-Defendant MARON to answer Form Interrogatories, Set One without objection within ten (10) days; and 2. Cross-Defendant ROBERT MARON is ordered to pay sanctions in the amount of payable to Cross-complainant THE SANTA BARBARA SMOKEHOUSE INC. and its counsel of record within ten (10) days of the date of this Order." The Court will strike paragraph #1 and sign and date the Order. 3. The Trial Date of 2/28/24 and the MSC Date of 2/2/24 are confirmed....
2023.11.01 Motion to Compel Further Responses, for Sanctions 453
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.11.01
Excerpt: ...rther responses to requests for production of documents (set one), and for sanctions, as to Defendant General Motors, LLC, is continued to January 4, 2024. 2. Counsel shall meet and confer, in good faith, either in-person, virtually, or telephonically no later than November 15, 2023, to resolve, or narrow, their discovery dispute. Counsels' meet and confer shall specifically include which documents are discoverable in this matter and which object...
2023.11.01 Motion to Compel Further Responses 139
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.11.01
Excerpt: ...vid Ellinwood: Robert M. Sanger, Stephen K. Dunkle, Miguel A. Avila, Sanger Dunkle Law, P.C. For Defendant County of Santa Barbara: Sean A. Andrade, Andrade Gonzalez LLP RULINGS (1) Appearances are required for the case management conference to be held at the same time as the hearing on this motion at 10m a.m. (2) For the reasons discussed herein, the motion to compel is continued to December 13, 2023, at 10m a.m. Opposition to the motion to comp...
2023.11.01 Motion for Summary Judgment, Adjudication 171
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.11.01
Excerpt: ...unza Trucking Corp ("Inzunza") is represented by German A. Marcucci, Dominique Sicari. Cross Defendant Lowe's Home Centers, LLC ["Lowe's" and sometimes "Lowes"] is represented by Joan E. Cochran, Lisa Kralik Hansen, Deborah A. Smillie. Inzunza's Motion for Summary Judgment/summary Adjudication Ruling 1. For the reasons set out below Inzunza is not entitled to summary judgment or summary adjudication as triable issues of material fact exist whethe...
2023.10.30 Demurrer 017
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.10.30
Excerpt: ...: The demurrer of defendant to plaintiffs complaint is overruled. Defendant's time to file an answer to plaintiff's complaint shall be extended until five days after service upon defendant of written notice of entry of the Court's order overruling the demurrer, exclusive of any extended time periods provided in Code of Civil Procedure section 1013. Background: On September 14, 2023, plaintiff Sierra Property Group, INC, filed its complaint for un...
2023.10.30 Motion to Compel Further Responses 963
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.10.30
Excerpt: ... Kevi n Y. Jacobson, Joshua Kohanoff, Quill & Arrow, LLP For Defendants Jaguar Land Rover North America, LLC and British Motorcars Ventura, Inc. dba Jaguar Land Rover Ventura: Matthew C. Wolf, Ali Abouesh, Turner Henningsen Wolf & Vandenburg, TENTATIVE RULING: 1. Plaintiffs' motion to compel further responses to requests for production of documents (set one), as to defendant Jaguar Land Rover North America, LLC, is continued to January 8, 2024. 2...
2023.10.30 Motion to Permit Discovery of Financial Condition 842
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.10.30
Excerpt: ...o, Law Firm of Rivers J. Morrell Ill APC TENTATIVE RULING: The motion of plaintiff Jane Doe for an order permitting discovery of defendant's financial condition is denied. Background: Plaintiff Jane Doe filed her complaint in this matter on December 8, 2022, alleging six causes of achon against defendant Maksim Mironov (Mironov): (1) battery; (2) violation of Civil Code section 1708.5; (3) violation of Civil Code section 1708.6; (4) intentional i...
2023.10.30 Motion to Strike 522
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.10.30
Excerpt: ...C. Catherine L. Deter and Briana J. Kutinsky For Defendant and Cross-complainant Judith H. Wood: Thomas S. Gelini and Jennifer A. Kung Gelini For Defendant Wood Environmental Services, LLC: No appearance TENTATIVE RULING: The motion to strike portions of plaintiff's second amended complaint is granted with leave to amend. Plaintiff shall file and serve her third amended complaint no later than November 20, 2023. Background: This action commenced ...
2023.10.30 Motion to Strike SAC 807
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.10.30
Excerpt: ...n & O'Brien, LLP, Joshua Lynn, Elizabeth O'Brien, and Andrew B. Mitchell: David Davidson, O'Hagan Meyer TENTATIVE RULING: (1) Defendants' demurrer to plaintiff's second amended complaint is overruled in its entirety. (2) Defendants' moton to strike portions of plaintiffs second amended complaint is granted as follows: (a) The motion to strike the follow-ng language is granted without leave to amend: " 'However, Defendants carried too heavy a case...
2023.10.27 Motion to Vacate Vexatious Litigant Status, for Change of Venue, Return Bond Deposit 146
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.10.27
Excerpt: ...nts, including Cottage Health Inc. (Cottage). Griggs' FAC sets forth a cause of action for professional negligence (medical malpractice). Griggs claims that on July 9, 2019, among other things, that she suffered an internal cystic rupture and received negligent care at Saint Ynez Cottage Hospital. (FAC, p. 4, II. 12-22.) Griggs states that she then went to Santa Barbara Cottage Hospital and again received negligent medical care. (FAC, p. 5, II. 9...
2023.10.27 Motion to Compel Further Responses 077
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.10.27
Excerpt: ...tribution centers that sell legal cannabis products across the State of California. (SAC, 8.) Defendant Central Coast Agriculture, Inc. dba Raw Garden (CCA) is engaged in the cultivation, manufacturing, and sale of cannabis products. (ld. at '19.) On October 1, 2019, HERBL and CCA entered into a written agreement (the agreement) providing that HERBL would be the exclusive California distributor for CCA products through the end of September 2023. ...
2023.10.27 Motion for Summary Judgment 456
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.10.27
Excerpt: ...dent. He alleges that the substandard lanes and the absence of a shoulder on the narrow bridge, which required bicyclists to travel in the same lane as motorists, created a dangerous condition. Plaintiff asserts causes of action against the California Department (Caltrans) for dangerous condition of public property (3's c/a), and negligent act or missions of public entity or public employee (4th c/a). He also asserts a cause of action against Sus...
2023.10.27 Motion for Determination of Good Faith Settlement 089
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.10.27
Excerpt: ... to the date for hearing on the motion for determination of faith settlement. Toyota Motor Sales, U.S.A„ Inc., and Toyota Motor Engineering & Manufacturing North America, Inc. shall serve notice of this ruling on all parties, including The State of California Department of Transportation, and file a proof of service, no later than October 31, 2023. Background: This action arises out of a vehicle collision that occurred on U.S. Highway 101 (the ...
2023.10.27 Demurrer 432
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.10.27
Excerpt: ...ended Petition As alleged in the #titoners' third amended petition and complaint (TAP): Petitioner and plaintiff Central Coast Water Authority (CCWA) is a joint powers authority formed by and for the benefit of its eight public agency members (CCWA Members), namely, petitioners and petitioners Carpinteria Valley Water District, the City of Buellton, the City of Guadalupe, the City of Santa Barbara, the City of Santa Maria, the Goleta Water Distri...
2023.10.27 Petition to Confirm Arbitration 294
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.10.27
Excerpt: ...er. UCSB terminated Little for alleged violations of the UCSB Police Department Policy Manual. Little worked for the university of California from 2004 to 2007. He was then employed by the City of Santa Barbara Police Department until 2014, when he returned to the University of California Police Department. UCSB alleged that, among other violations, Little performed a simulated draw of his firearm against other police officers. He never actually ...
2023.10.25 Motion for Entry of Judgment Pursuant to Stipulation 527
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.10.25
Excerpt: ...March 15, 2015 (the account). Within the last four years, defendant Jon Hampton McKean became indebted to FIA Card Services, N.A., who is the predecessor in interest to BOA, on the account. The last payment received on the account was on October 29, 2019. The account was charged off on April 30, 2020. The reasonable value due and unpaid from defendant is $3,025.77. The complaint alleges one cause of action for common counts. On May 19, 2023, BOA ...
2023.10.23 Motion for Issue and Monetary Sanctions 623
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.10.23
Excerpt: ...Bilotti Revocable Trust Dated May 19, 2CU5: Self Represented TENTATIVE RULING: Plaintiff's motion for issue sanctions is denied without prejudice. Plaintiff's motion for monetary sanctions is granted in the amount of $2,550.00 against defendant and in favor of plaintiff, to be paid no later than November 1, 2023. Plaintiff is to comply with the court order of July 10, 2023, by serving complete, cuie compliant, responses no later than November 1, ...
2023.10.23 Demurrer 969
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.10.23
Excerpt: ...laint is overruled. Defendants' time to file their answer to plaintiff's complaint shall be extended until five days after service upon defendants of written notice of entry of the Court's order overruling the demurrer, exclusive of any extended time periods provided in Code of Civil Procedure section 1013. Background: This is an unlawful detainer action filed on September 12, 2023, by plaintiff Carp Property LLC, against defendants Claudia Ramos...
2023.10.23 Demurrer to FAC 752
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.10.23
Excerpt: ...ura, Blake D. Heller, Miles Weiss, Lisa O. Lwäkainen, Andrew Sullivant, and Rachelle H. Dean: T. Arce, Dana L. Segal, Liebert Cassidy Whitmore TENTATIVE RULING: The demurrer of defendants County of Ventura, Blake D. Heller, Miles Weiss, Lisa O. Lyytikainen, Andrew Sullivant, and Rachelle H. Dean to the third cause of action (harassment) of plaintiff Hyelim Cho's first amended complaint is sustained with leave to amend. Plaintiff shall file and s...
2023.10.23 Motion for Summary Judgment, for Sanctions 448
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.10.23
Excerpt: ...dant Ghitterman, Ghitterman & Feld and its Attorneys of Record. ATTORNEYS: Christina M. Coleman for plaintiff Russell R. Ghitterman of Ghitterman, Ghitterman & Feld, for defendant TENTATIVE RULING: Defendant's motion for summary judgment, or, in the alternative, summary adjudication, is denied. Plaintiff's motion for sanctions is denied. Background: This is a wrongful termination action, arising from plaintiff Lucy Bernal's (Berna') previous empl...
2023.10.23 Motion for Summary Judgment 587
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.10.23
Excerpt: ...Tetalman & Udden For Defendants Santa Barbara Cottage Hospital, Inc., and Cottage Health, Inc.: Hugh S. Spackman, Cathy Anderson, Clinkenbeard, Ramsey, Spackman & Clark, LLP TENTATIVE RULING: The Court continues the hearing on the motion of defendants for summary judgment or, in the alternative, summary adjudication to December 4, 2023, to permit defendants to file an appropriate motion to seal medical records submitted in support of the motion. ...
2023.10.23 Petition to Bring Elder Abuse Action 840
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.10.23
Excerpt: ...sed, by and through her personal/legal representative, Jeani Burke, Jeani Burke individually, Kathy Silkett, and Chris Beck: Jacob L Stipp and Robert F. Bristow For Defendant Powers Park Healthcare, Inc. dba Channel Islands Post Acute: Lisa A. Cross For Defendant Jacqueline Cabrera: No appearance For Defendant Bernie Butac: No appearance TENTATIVE RULING: Plaintiff Jeani Burke's petition to bring elder abuse achon in the name of decedent Kathlyn ...
2023.10.23 Motion to Compel Compliance, Deposition, for Sanctions 909
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.10.23
Excerpt: ...Compel Compliance And Request For Sanctions For Plaintiff Yvonne Saldana: Elliot J. Siegel, Margaret R. Wright, Tiffany Nguyen, King & For Defendants Brown & Brown Insurance Services of California, Inc., Brown & Brown, Inc., and John Esposito: Daniel B. Chammas, Jennifer S. McGeorge, Hilda Aguilar, Ford & Harrison LLP TENTATIVE RULING: (1) The motion of plaintiff to compel is denied as moot. (2) The motion of plaintffto compel compliance is denie...
2023.10.18 Motion for Summary Judgment, Adjudication, to File Under Seal Docs Lodged Under Seal 608
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.10.18
Excerpt: .... Harrison, Marianne Gordon, Tyson & Mendes RULING (1) For all reasons discussed herein, the clerk shall file in the public record the Notice Of Lodgment Of Exhibit(s) Filed Under Seal Pursuant To Protective Order which was conditionally under seal by Defendant the Santa Barbara Unified School District on June 15, 2023. (2) For all reasons discussed herein, the motion of Defendant the Santa Barbara Unified School District for summary judgment, or...
2023.10.18 Motion for Preliminary Approval of Class Action Settlement 162
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.10.18
Excerpt: ... with additional information, as set forth below, no later than October 31, 2023. Background Plaintiff Cristina Calzada-Guido filed her complaint on March 18, 2021. The complaint alleges causes of action for: (1) unpaid overtime, (2) unpaid meal period premiums, (3) unpaid rest period premiums, (4) unpaid minimum wages, (5) final wages not timely paid, (6) wages not timely paid during employment, (7) non-compliant wage statements, (8) failure to ...
2023.10.17 Motion for Summary Judgment 893
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.10.17
Excerpt: ...he motion of Defendant Mullen & Henzell L.L. P. for summary judgment is denied. Background On October 6, 2022, Plaintiffs Susan Smyth (Smyth), Pedro Baltadano (Baltadano), Martin Engriser (Engriser), and Don McIntyre (McIntyre) (collectively, Plaintiffs) filed their original complaint in this achon asserting one cause of action for intentional interference with expected inheritance (IIEI claim). On January 11, 2023, Plaintiffs filed their operati...
2023.10.16 Motion for Summary Judgment, Adjudication 390
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.10.16
Excerpt: ...chel Van Mullem, Julian Abanise, Santa Barbara County Counsel TENTATIVE RULING: For the reasons set forth herein, the motion of defendant County of Santa Barbara for summary judgment and/or summary adjudication is denied. Background: Plaintiff Rebecca Fraser was injured when she tripped and fell while walking on Channel Drive in Montecito on the evening of November 17, 2020. Ms. Fraser contends that an asphalt lump in the road caused her to trip ...
2023.10.16 Motion for Issue and Monetary Sanctions 623
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.10.16
Excerpt: ...of the Janice Bilotti Revocable Trust Dated May 19, 2005: Self Represented TENTATIVE RULING: Plaintiff's motion for issue sanctions is denied without prejudice. Plaintiff's motion for monetary sanctions is granted in the amount of $2,550.00 against defendant and in favor of plaintiff, to be paid no later than November 1, 2023. Plaintiff is to comply with the court order of July 10, 2023, by serving complete, code compliant, responses no later tha...
2023.10.13 Motion to Dismiss, to Compel Production of Docs 591
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.10.13
Excerpt: ...dant Colosi to dismiss is denied. (3) The motions by defendants Guier and Hutcheson for immediate release of funds is denied, without prejudice to their continued pursuit of their claims at the court trial of this action. (4) The motons to quash filed by various parties failed to provide sufficient notice to defendant Colosi; nonetheless, they raised issues regarding court proceedings which must be addressed by the Court. No appearances or docume...
2023.10.13 Motion to be Relieved as Counsel, to Compel Responses 456
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.10.13
Excerpt: ...relieving counsel shall be delayed until proofs of electronic and mail service of a copy of each signed order on Jacqueline Rubasky and on Fountain Group, LLC, have been filed with the Court. (4) Counsel for Jacqueline Rubasky and Fountain Group, LLC, shall, in accordance with this ruling, serve a copy of the Court's ruling on each defendant by electronic and regular mail, and file appropriate proofs evidencing such service. (5) For all reasons d...
2023.10.13 Motion to Vacate 146
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.10.13
Excerpt: ...ottage Health Inc. (Cottage). Griggs' FAC sets forth a cause of action for professional negligence (medical malpractice). Griggs claims that on July 9, 2019, among other things, that she suffered an internal cystic rupture and received negligent care at Saint Ynez Cottage Hospital. (FAC, p. 4, II. 12-22.) Griggs states that she then went to Santa Barbara Cottage Hospital and again received negligent medical care. (FAC, p. 5, II. 9-18.) Griggs the...
2023.10.13 Motions to Quash 886
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.10.13
Excerpt: ...causes of action related to an underlying transaction in which defendant Rick Tarnutzer (Rick) induced Fleury to purchase a run-down property and hire him and his wife, Vonna Carol Tarnutzer (Vonna), to perform design and construction work to remodel the property. [Note: In order to avoid any confusion, the Court will refer to the Tarnutzer defendants by their first names; no is intended.] The complaint alleged that in reliance on various represe...
2023.10.11 Motion to Strike or Tax Costs 700
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.10.11
Excerpt: ...O'Melveny & Meyers LLP For Defendants Mahan Ranch, LLC, et al.: Jim McDermott, Neal P. Maguire, Jessica M. Wan, Shane M. Maguire, Ferguson Case Orr Paterson LLC RULING For the reasons set forth herein, the motion of Defendants Mahan Ranch, LLC, et al., is granted to strike (1) the memorandum of costs filed on August 2, 2023, by the Las Posas Farming Group, and (2) the memorandum of costs filed on August 3, 2023, and supplemented on August 7, 2023...
2023.10.11 Motion to Consolidate on Shortened Time 542
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.10.11
Excerpt: ...ase no. 22CV01055) and John Doe 3 (related case no. 22CV01608) ("Plaintiffs") move for an Order Consolidating the Related Cases for Trial pursuant to California Code of Civil Procedure 91048(0) on the following grounds: 1. Plaintiffs' cases have been deemed related and consolidated for purposes of discovery. Through discovery it has become apparent that judicial economy and efficiency will be served by consolidating the three cases for trial. 2. ...
2023.10.11 Motion for Leave to Amend Complaint 213
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.10.11
Excerpt: ...g Zeb Albert and Caroline Neufeld as Defendants is GRANTED: (1) the Amended Complaint is to be filed by 10/17/23; (2) the two new Defendants are to be personally served by 10/31/23. (Do not raise the issue of who pays for cost of personal service; Plaintiff or Plaintiff's counsel pays for it now; Plaintiff may seek reimbursement in a cost bill if he prevails.) 2. The Court designates this case as complex litigation because of the unusual backgrou...
2023.10.09 Motion to Seal 141
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.10.09
Excerpt: ...aw Firm, LLP TENTATIVE RULING: The motion of defendant Tesla, Inc. to seal portions of the case doc:ket and filings is denied. Background: This action relates to the purchase of a new 2015 Tesla Model S which allegedly developed numerous problems with its automaton system that substantially impaired the use, value, and safety of the subject vehicle. Plaintiffs Alexandro Filippini and laian Filippini filed their original complaint for damages agai...
2023.10.09 Motion to Proceed Pursuant to HIPPA Qualified Stipulated Medical Record Protective Order 500
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.10.09
Excerpt: ...alcolm S. Schryer and Diane M. Schryer (Deceased): Erin O. Hallissy, David R. Lang, Daniels, Fine, Israel, Schonbuch & Lebovits, LLP TENTATIVE RULING: Plaintiffs' motion for an order that this matter proceed pursuant to a HIPPA qualified stipulated medical record protective order is denied without prejudice. Plaintiffs may properly bring a motion for protective order, if allowed by statute or other legal authority, as to specific requests or subp...
2023.10.06 Motion to Compel Further Responses 357
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.10.06
Excerpt: ...shall serve further responses to requests for production Nos. 1 and 2 without objection and consistent with this ruling. UWCD shall concurrently produce all documents responsive to such requests as set forth herein. Documents produced in response to this order shall be used and disclosed only in connection with this action. In all other respects, the motion is denied without prejudice. (2) Until further order of the court, and except for initial ...
2023.10.04 Motion for Summary Judgment, Adjudication 147
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.10.04
Excerpt: ...rdan A. Liebman, Foley Bezek Behle & Curtis, LLP For Defendants Jeff Pescatello, John Williams, and Ron Donaire: Robert B. Forouzandeh, Andrew Hazlett, Reicker, Pfau, Pyle & McRoy LLP For Defendant (as nominal Defendant) and Cross-complainant DelPlaya Media, Inc.: John J. Thyne Ill, Thyne Taylor Fox Howard, LLP RULING For the reasons set forth herein: The motion for summary judgment is granted. Background On March 23, 2022, Plaintiff Todd Wooten ...
2023.10.04 Motion for Leave to File SAC 132
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.10.04
Excerpt: ...ricia Wollum and Susan Reynolds: Gabriella L Sternfeld, David A. Napper, Gregory K. Sabo For Defendant Patrick Leahy: Self-Represented RULING For the reasons set forth herein: The motion for leave to file a second amended complaint is granted to allow Plaintiffs to add against Honor Home Care Services Califomia, Inc. as a Defendant. Background On December 11, 2020, Plaintiff Mark Sellars ("Sellars") filed his original complaint against Defendant ...
2023.10.04 Demurrer to Extraordinary Writ of Execution and Ejection and Sequestration 359
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.10.04
Excerpt: ...General of the State of California with leave to amend. Petitioner shall file a first amended pleading on or before October 13, 2023. Background On August 3, 2023, John De Herrera (Petitioner) filed a verified document titled "extraordinary writ of execution and ejection and sequestration" (the petition) against Resopondent the Attorney General of the State of California (the Attorney General). Petitioner is a professional artist and educator who...
2023.10.02 Motion for Summary Adjudication 596
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.10.02
Excerpt: ...Issues as Respects Second Cause of Acton and Punitive Damages ATTORNEYS: Lloyd For Plaintiffs Passport 420, LLC; Spring Creek Research, LLC; and William Parrish.: A. Barry Cappello, Lawrence J. Conlan, and Richard For Defendant Starr Indemnity & Liability Co.: Ralph S. LaMontagne, Jr., Eric Amador, Michael J. Terhar, and Don Swaim TENTATIVE RULING: Starr Indemnity & Liability Company's motion for summary adjudication of issues as respects second ...
2023.10.02 Motion for Summary Judgment 616
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.10.02
Excerpt: ...Law Office of Matthew Olufs TENTATIVE RULING: The motion for summary judgment or, in the alternative, summary adjudication of defendants Mikki Reilly and Fitness Transform, LLC, is denied. Background: The second amended complaint for damages and injunctive relief (the SAC) filed by plaintiff Ann Fristoe, M.D. (Fristoe) on February 6, 2023, is the operative pleading in this matter. As alleged in the SAC, on January 10, 2020, Fristoe hired Mikki Re...
2023.10.02 Petition for Writ of Mandate 363
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.10.02
Excerpt: ...rney General of California TENTATIVE RULING: The parties are ordered to appear at the hearing and be prepared to discuss the matters described herein. Background: On June 2, 2023, petitioner Richard Morse filed a verified petition for writ of mandate directed to respondent Nancy Farias who is alleged to be the Director of the California Employment Development Department, State Disability Insurance Division (respondent), and a notice of hearing fo...
2023.09.26 Motion to Compel Arbitration 183
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2023.09.26
Excerpt: ...fly (based on allegations in the operative pleading), on September 1, 2022, plaintiffs purchased a 2023 Hyundai Kona (hereafter, the vehicle). In connection with the purchase of the Vehicle, Plaintiffs received an express written warranty in which defendant undertook to preserve or maintain the utility of performance of the Vehicle or to prov-de compensation if there is a failure in utility or performance for a specified period of time. The warra...
2023.09.25 Motion to Strike Punitive Damages 077
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.09.25
Excerpt: ...er, Harris Personal Injury Lawyers, Inc. For Defendants Silver Star Transportation and Gleb Stenin: Rosemarie S. Lewis, Edward J. Morales, Bradford A.M. Smith, Borton Petrini, LLP TENTATIVE RULING: For all reasons discussed herein, the motion of defendants Silver Star Transportation and Gleb Stenin to strike all claims for punitive damages in plaintiff's first amended complaint is granted with leave to amend. The following matters shall be strick...
2023.09.20 Motions to Compel Responses 471
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.09.20
Excerpt: ...out objection, on or before October 11, 2023. With respect to the motion for deemed admissions, if Plaintiff provides verified responses to the requests for admission before the time of the hearing on this motion, the motion will be denied. If Plaintiff fails to provide verified responses to the requests for admission before the time of the hearing on this motion, the motion will be granted, and the Court will order the matters set forth in the r...
2023.09.20 Motion to Amend Answer, to Continue Trial 017
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.09.20
Excerpt: ...rial dates after the case was designated complex litigation; another case has already been given some of the dates requested here for 120 days out [i.e. Cobb vs Superior Court of California for the County of Ventura.] It may settle; you are double set, in part; if that case does not settle you will start as soon as it finishes within the following time frame. You must save all these dates. 2. The Trial Date of 11/1/23 is continued to 3/6/23 at 11...
2023.09.20 Demurrer to SAC 077
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.09.20
Excerpt: ...n of Plaintiff's second amended complaint. The demurrer of Defendant City of Santa Barbara is overruled as to the fifth cause of action of Plaintiff's second amended complaint. Defendant shall file and serve its answer to Plaintiff's second amended complaint on or before October 3, 2023. Background On January 9, 2023, Plaintiff Eduviges Estrada (Estrada) filed her original complaint in this action asserting three causes of action against Defendan...
2023.09.19 Petition to Confirm Arbitration Award 321
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2023.09.19
Excerpt: ...is supplemented with a notice of hearing and memorandum of points and authorities; a declaration from attorney Paul Berkowitz; a copy of the arbitration agreement (indicating among other things that arbitration is governed by the Federal Arbitration Act (FAA)); the first amended complaint filed with the arbitrator; and the written arbitration award. Briefly, respondent advanced six causes of action predicated on violations of the Fair Employment ...
2023.09.18 Petition to Confirm Contractual Arbitration Award 136
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.09.18
Excerpt: ... D. Estes to confirm contractual arbitration award is ordered off-calendar. Background: On July 21, 2023, Ronald D. Estes (Estes) filed a petition to confirm a contractual arbitration award (the petition) against respondent Elmer Guevara Chacon (Chacon). As alleged or effectively alleged in the petition, Estes and Chacon entered into a written agreement (the agreement) on February 19, 2023, pursuant to which Estes hired Chacon to remove an old fe...
2023.09.18 Demurrer 365
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.09.18
Excerpt: ... reasons set forth herein: Defendant's demurrer to plaintiff's complaint is sustained in part and overruled in part as follows: 2. 3. 4. 5. Defendant's demurrer to plaintiff's first cause of action for Violation of the California Constitution, art. l, sections 1 and 7, is overruled. Defendant's demurrer to plaintiff's second cause of action for Violation of the Unruh Civil Rights Act, is overruled Defendant's demurrer to plaintiff's third cause o...
2023.09.15 Motion to Strike Punitive Damages 566
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.09.15
Excerpt: ...he rights and safety of others" only); and prayer for relief paragraph 4 in its entirety. Any first amended complaint that may be filed by plaintiff must be filed and served on or before September 25, 2023. Background: This action arises from a vehicle collision that occurred on June 16, 2021, on southbound U.S. Highway 101 (the highway). As alleged in the complaint filed in this action on June 14, 2023, plaintiff Maesyn Rose Fitzgibbons was driv...
2023.09.15 Motion for Protective Order 227
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.09.15
Excerpt: ...regarding the continued deposition. Counsel is ordered to appear at the hearing on this matter, either in person or remotely, to discuss selection of the discovery referee. Plaintiff will pay one-half of the discovery referee's fees and defendants will pay one-half of the fees. The court retains jurisdiction to reallocate the fees at the time of trial or further order. Background: Plaintiff Montecito Country Club, LLC ("MCC") filed its original c...
2023.09.15 Demurrer 965
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.09.15
Excerpt: ...ulting from the Thomas Fire and a subsequent rainstorm and ensuing mudslides that occurred on January 9, 2018, the alleged wrongful and bad faith handling and denial of insurance benefits by defendant National Fire & Marine Insurance Company (National Fire), and the alleged professional negligence of defendant Brown & Brown Insurance Services of California, Inc. (Brown & Brown), in allegedly failing to procure adequate insurance coverage for the ...
2023.09.15 Demurrer 612
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.09.15
Excerpt: ...ff Nina Johnson (Johnson) was employed by defendant the City of Santa Barbara (the City) in the City Administrator's Office from December 1998 until her resignation in 2022. (Complaint, 1, 17, 40.) As alleged in the complaint, during Johnson's employment with the City, she was for high visibility, high-level, and complex assignments on behalf of the City Administrator and City Council which involved directing interdepartmental teams, serving as t...
2023.09.14 Motion to Expunge Lis Pendens 602
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.09.14
Excerpt: ...olina Pizarro in the amount of $14,579. CL (2) Counsel are ordered to appear at the hearing on this motion and are to be prepared to discuss whether, and to what extent, other relief may be appropriate pending disposition of the pending petition. Background: On December 7, 2022, petitioner Carolina Pizarro filed her petition for letters of administration and authorization to administer under the Independent Administration of Estates Act the estat...

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