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2278 Results

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2023.09.13 Motion to Set Aside and Vacate Final Ruling, to Reinstate Case and Grant Leave to Amend Complaint 222
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.09.13
Excerpt: ...Knecht, Tom R. Shapiro, Office of the City Attorney RULING For all reasons discussed herein, the motion of Plaintiff David Matthew Kilrain to set aside and vacate final ruling and to reinstate case and grant leave to amend complaint is denied. Background On March 30, 2022, self-represented Plaintiff David Matthew Kilrain filed his original complaint in this action against Defendants City of Santa Barbara (the City) and Lisa Ann O'Niahll (O' Niahl...
2023.09.13 Motion to Confirm Stay Pending Appeal, to Strike 700
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.09.13
Excerpt: ...sented, and the record in this matter, the Court makes the following findings of fact and conclusions of law: 1. As a signatory to the Phase 3 Settlement, Fox Canyon Groundwater Management Agency ("FCGMA") agreed, inter alia, to serve as Watermaster, (SPTX-0045 S 1.1.2); that it would "perform the tasks assigned to it by the Judgment consistent with the Judgment's terms and the Watermaster Rules and Regulations," (id.); that it would "implement t...
2023.09.12 Motion for Summary Judgment 055
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2023.09.12
Excerpt: ...MD.[X] Adriana Velazquez was injured in a car accident on July 9, 2018 and was admitted to Marian Medical Center. Defendant Dr. Daniel Oh was the admitting doctor and prepared the History and Physical for Adrianna Velazquez. Adrianna Velazquez became unresponsive in the morning hours of July 10, 2018. A CT angiography (CTA) was #rformed which caused the doctors to be concerned for cerebrovascular dissection/occlusion. Due to the concern of dissec...
2023.09.11 Motion to Enforce Judgment 192
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.09.11
Excerpt: ...Pacific Palms Condominium Association to enforce judgment is denied. Background: This action commenced on March 8, 2018, by the filing of the complaint by plaintiff Pacific Palms Condominium Association ("PPCA") against defendant Phillip S. Woyak for: (1) Breach of Covenants; and (2) Nuisance. As alleged in the complaint: Woyak owns property that is subject to Covenants, Conditions, and Restrictions ("CC&R's") of PPCA. (Complaint, 2, 5, 7.) Almos...
2023.09.11 Motion to Deem Vexatious Litigants 268
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.09.11
Excerpt: ...ENTATIVE RULING: For the reasons more fully articulated below, the Court will grant the motion. The Court finds that Randy Quaid and Evgenia Quaid are, in fact, vexatious litigants, pursuant to the terms of Code of Civil Procedure section 391(b)(1) and (b)(2). The Court will issue a prefiling order prohibiting either Randy Quaid or Evgenia Quaid from filing any new litigation in the courts of this state in propria persona without first obtaining ...
2023.09.11 Motion to Compel Production of Docs 504
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.09.11
Excerpt: ...troller's Offce ATTORNEYS: For Plaintiff California State Lands Commission: Rob Bonta, Brian D. Wesley, Michael T. Zarro, Robert R. Willis, Matthew C. Heyn, Offce of the California Attorney General For Plaintiff Aspen American Insurance Company: David C. Veis, Laura P. Nash, Clyde & Co For Defendants Plains Pipeline, L P, Plains All American Pipeline, L. P, Plains GP Holdings, L.P., Plains APP, LP., Plains A1/ American GP LLP, and PA GP LLC: Henr...
2023.09.11 Motion for Summary Judgment 287
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.09.11
Excerpt: ...arinello TENTATIVE RULING: The motion is granted. Background: Plaintiff Shelley Marinello filed her complaint on August 14, 2019, naming as defendants Walnut Park Associates, Elaine Spath, and Rita Marinello. The complaint alleged causes of action for negligence, intentional infliction of emotional distress, breach of the implied warranty of habitability, breach of the covenant of quiet enjoyment, and private nuisance. The operative pleading, her...
2023.09.11 Motion for Summary Adjudication 012
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.09.11
Excerpt: ...'s cross-complaint ATTORNEYS: David M. Grokenberger / Jason W. Wansor / R. Scott Mullen of Rogers, Sheffield & Campbell, LLP for plaintiffs and cross-defendants Jeffrey Nugent, Carla Gervasio-Nugent, and Patrik Nugent, a minor, by and through his guardian ad litem, Jeffrey Nugent John O'Meara / Caitlin M. Salata of Bremer Whyte Brown & O'Meara LLP for defendants and cross- complainants Michael R. Turner and Lynn J. Turner Jana S. Johnston / Andre...
2023.09.08 Demurrer 432
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.09.08
Excerpt: ...on the demurrer of the cross-defendants to the first amended cross-complaint is continued to October 27, 2023, at 10:00 a.m. Background: On June 18, 2021, plaintiffs and petitioners Central Coast Water Authority (CCWA), and plaintiffs and petitioners Carpinteria Valley Water District, theCity of Buellton, the City of Guadalupe, the City of Santa Barbara, the City of Santa Maria, theGoleta Water District, the Montecito Water District, and the Sant...
2023.09.01 Motion to be Relieved as Counsel, for Consolidation, to Compel Responses 456
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.09.01
Excerpt: ...ontinued to October 13, 2023.m (3) For all reasons discussed herein, defendants' motion to consolidate and stay the unlawful detainer action is ordered off-calendar, subject to re-filing in accordance with this ruling. (4) To the extent a substitution of counsel for either defendant Jacqueline Rubasky or defendant The Fountain Group, LLC, is not filed and served in this matter by September 11, 2023, counsel shall file and serve an amended motion ...
2023.09.01 Motion for Attorney Fees, to Strike Costs 810
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.09.01
Excerpt: ...aint by plaintiff The Armand Hammer Foundation, Inc. (“AHF”), against defendants Rex K. Alexander, Misty Hammer, Mark L. Alfano, and Bull Canyon, Inc. As neither Alfano nor Bull Canyon have made appearances in this action, Alexander and Hammer will be collectively referred to as “defendants.” As alleged in the complaint: Prior to November 20, 2022, AHF had six members of its board of directors including defendants. (Complaint, ¶ 11.) Fol...
2023.08.30 Motion for Summary Adjudication 299
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.08.30
Excerpt: ...& Company: Wendy M. Thomas, Betty T. Huynh, Tadjedin Thomas & Engbloom Law Group LLP RULING (1) For the reasons and to the extent set forth herein, the motion of Defendants Michael Corrigan and Corrigan & Company for summary adjudication of issues pursuant to Code of Civil Procedure section 437c, subdivision (t) is granted. The Court determines that Plaintiffs' claims for damages for alleged unrealized benefits under the Plan, as explained herein...
2023.08.30 Motion for Summary Judgment, Adjudication 608
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.08.30
Excerpt: ...ified School District: Harry W. Harrison, Marianne Gordon, Tyson & Mendes RULING (1) For all reasons discussed herein, the Court continues the motion of Defendant Santa Barbara Unified School District for summary judgment or, in the alternative, summary adjudication, to October 18, 2023. (2) For all reasons discussed herein, any motion to seal a record that has been conditionally lodged in support of or in opposition to Defendant's motion for sum...
2023.08.30 Motions to Compel Further Responses 414
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.08.30
Excerpt: ...is granted in part and denied in part as follows: 1. Defendants' motion to compel further responses, from R.H. to requests Nos. 1, 2, 5, 9, 10, 11, 13, 14, 15, and 40 is granted. R.H. shall provide verified, code compliant, further responses, without objections except as to privilege, no later than September 8, 2023. For any documents withheld on the grounds of privilege, R.H. shall serve a privilege log identifying each responsive document withh...
2023.08.28 Motion to Enforce Settlement Agreement 850
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.08.28
Excerpt: ...mpany, Jaeseong NA, Dong Ha Lee, and Kim Sung Hwan: Anne Singer For Defendants Galaxy Venture Capital, LLC and Adam Lewis: Jordan D. Hankey TENTATIVE RULING: The motion of plaintiff Nathan Joon-Seok Rim for entry of judgment pursuant to Code of Civil Procedure section 664.6 is granted. Judgment shall enter in favor of plaintiff and against defendants, jointly and severally, in the amount of $162,038.05 plus 10% interest from July 5, 2023. Plainti...
2023.08.28 Motion to Compel Further Responses 323
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.08.28
Excerpt: ...Barnard: Tionna Dolin, James L. Carroll, Rebecca E. Neubauer, Strategic Legal Practices, APC For Defendant General Motors, LLC: Mary Arens McBride, Arash Yaraghchian, Erskine Law Group, PC TENTATIVE RULING: (1) The Court grants plaintiffs' motion to compel further responses to set one requests for production of documents and for monetary sanctions. On or before September 28, 2023, or on another date to be determined at the hearing, defendant Gene...
2023.08.28 Demurrer 079
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.08.28
Excerpt: ...TIVE RULING: The Court overrules the demurrer of defendants Maria E. Rangel and Julio Rodriguez Ornelas to plaintiff's complaint. Defendants shall file and serve their individual answers or a joint answer to plaintiff's complaint no later than five days after service of written notice of entry of the Court's order herein, notwithstanding the time periods provided in Code of Civil Procedure section 1013. Defendants shall also serve notice of the C...
2023.08.25 Motion for New Trial, for Judgment Notwithstanding the Verdict, for Temporary Stay of Execution of Judgment 397
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.08.25
Excerpt: ... on the part of defendant and awarding plaintiff $2,000,000 in past non-economic damages and $1,250,000 in future non-economic damages. The jury was polled and the verdict was supported by 11 of the twelve jurors. Judgment was filed on 6/13/2023. Defendant has filed a motion for a new trial pursuant to CCP section 657, 659 or for a remitter pursuant to CCP section 662.5. Plaintiff has filed opposition. The Court finds that the evidence was suffic...
2023.08.25 Motion for Issuance of Letters Rogatory 298
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.08.25
Excerpt: ...al injury action on December 15, 2021, by plaintiff William B. Rosenberg (“Rosenberg”) against defendant The Ritz-Carlton Hotel Company, LLC (“Ritz”). As alleged in the judicial council form complaint, on December 25, 2019, Rosenberg, while a guest at a Ritz property in Santa Barbara, slipped and fell down a marble staircase due to a dangerous and defective condition. (Complaint, ¶ GN-1.) Rosenberg alleges that he suffered wage loss, hos...
2023.08.23 Motion to Lift Stay and Reinstate Action 313
Location: Santa Barbara
Judge: Staffel, Timothy
Hearing Date: 2023.08.23
Excerpt: ...es. The Neutral entity provider in this case is JAMS. JAMS requires that the parties deposit the fees and expenses for the Arbitration from time to time during the course of proceedings and prior to the scheduled Arbitration Hearing. (JAMS Employment Rules, Rule 31(b).) No due date is specified in the JAMS rules. In fact, the JAMS rules suggest that the responsible party has until the date of the arbitration to pay the fees. The factual aspect of...
2023.08.23 Motion for Summary Judgment, Adjudication, for Leave to Amend Complaint 709
Location: Santa Barbara
Judge: Staffel, Timothy
Hearing Date: 2023.08.23
Excerpt: ...ENIED. Defendant Yardi Systems Inc.'s Motion for Summary Adjudication as to the Third Cause of Action (Wrongful Death- Negligent Entrustment) is GRANTED. Plaintiffs' Motion to Amend Complaint to allege basis for punitive damages is DENIED. Basis for Ruling/ First and Second Causes of Action: The issue regarding Defendant Yardi Systems, Inc.'s (hereinafter “Defendant Yardi”) vicarious liability for Defendant Bryan Paul Charette's conduct turns...
2023.08.22 Motion to Compel Arbitration 433
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2023.08.22
Excerpt: ...y Mutual Insurance Company. According to the uncontested exhibits, McKiernan[1] made a demand for settlement in the amount of $750,000 to defendant's adjuster, Nancy Ball, on August 11, 2020. Ms. Ball countered with an offer of $16,250 on August 25, 2020. This was rejected on September 8, 2020. On January 8, 2021, McKiernan emailed medical and billing records from Center of Specialized Surgery of Santa Barbara to Liberty Mutual with a cover lette...
2023.08.22 Motion for Summary Adjudication 458
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2023.08.22
Excerpt: ...ng-Beverly Act) (Civ. Code, § 1790, et seq.); 2) breach of the express warranty under the Song-Beverly Act; 3) breach of express warranty pursuant to Commercial Code section 2-313; and 4) violation of a Magnuson Moss Warranty Act pursuant to title 15 U.S.C. section 2301(1), et seq. Briefly (and according to the operative pleading), on August 27, 2019, plaintiff purchased a 2018 Chevrolet Silverado (hereafter, vehicle); plaintiff contends in para...
2023.08.21 Application for Right to Attach Order and Writ of Attachment 631
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.08.21
Excerpt: ...RULING: The application will be granted, and the court will issue a right to attach order and writ of attachment upon plaintiff's posting of an undertaking in statutorily required amount of $10,000.00. Background: Plaintiffs George LaPlante and Barbara LaPlante filed their complaint on April 17, 2023, alleging causes of action for breach of contract and common counts, and seeking damages of $753,320.00, plus interest. The complaint alleges that o...
2023.08.21 Motion for Summary Judgment 287
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.08.21
Excerpt: ...lo ATTORNEYS: Plaintiffs John Marinello and Richard Marinello are sellf-represented Barry J. Reagan / Guillermo E. Partida / Gabriele Lashly of Slaughter,Reagan & Cole, LLP for defendants Joan Elaine Spath, Renee Spath, and Walnut Park Associates. TENTATIVE RULING: The motion is granted. Background: Plaintiffs John Marinello and Richard Marinello filed their complaint on April 29, 2021, alleging causes of action against Elaine Spath, Renee Spath,...
2023.08.21 Motion to Compel Deposition Testimony 616
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.08.21
Excerpt: ... Law For Defendant and Cross-Complainant Brighton Collectibles, LLC: Peter W. Ross, Charles Avrith, Browne George Ross LLP For Cross-Defendant L.A Models, Inc.: Gene H. Shioda, Steven P. Chang, Heidi M. Cheng, Shioda Langley & Chang, LLP TENTATIVE RULING, Brighton's motions to compel deposition testimony and production of documents are denied. Background: (1) Plaintiff's Complaint On December 16, 2019, plaintiff Natalie Hockey filed her complaint...
2023.08.21 Motion to be Relieved as Counsel 160
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.08.21
Excerpt: ... Law For Defendants Christian Younger and the Law Offices of Christian Younger: R. Chris Kroes, Linda Elias-Wheelock, Law Offices of McCarthy & Kroes TENTATIVE RULING: (1) The Court continues the hearing on the motion to be relieved as counsel to September 18, 2023. On or before September 5, 2023, counsel for plaintiff shall file and serve a supplemental declaration or, alternatively, a proof of service and shall lodge a proposed order in accorda...
2023.08.21 Motion to Compel Production of Docs 596
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.08.21
Excerpt: ...ek Research, LLC; and William Parrish.: A. Barry Cappello, Lawrence J. Conlan, and Richard Lloyd For Defendant Starr Indemnity & Liability Co.: Ralph S. LaMontagne, Jr., Eric Amador, Michael J. Terhar, and Don Swaim TENTATIVE RULING: The motion to compel production of documents is denied. Background: Attorney Michael Avenatti (Avenatti) had previously acted as attorney for William Parrish (Parrish) with respect to various matters. In 2016, the tw...
2023.08.21 Motion to Vacate Dismissal and Enter Judgment 406
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.08.21
Excerpt: ...defendant Simons Urbina-Mena TENTATIVE RULING: The motion is granted. The dismissal of the action is vacated, and judgment shall be entered against defendant in the total amount of $9,385.72, pursuant to the terms of Code of Civil Procedure section 664.6. Background: This is a collections action, arising from an unpaid credit card debt, in which the amount of $17,724.80 was sought in the complaint. On April 14, 2021, the parties entered into a St...
2023.08.18 Motion to Strike 236
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.08.18
Excerpt: ...nlawful detainer against defendant Luke Strauss (Strauss). As alleged in the complaint, Strauss agreed to rent premises located at 5671 Calle Pacific in Carpinteria, California (the premises) from plaintiff's deceased brother-in-law Brian Daily (Daily) as a month-to-month tenancy pursuant to a written agreement (agreement) dated February 1, 2022. (Complaint, ¶¶ 3.a., 6.a(1), 6.b(4).) Strauss agreed to pay monthly rent of $4,000. (Id. at ¶ 6.a(...
2023.08.18 Motion to Compel Arbitration 634
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.08.18
Excerpt: ...on. The Court intends to sign the proposed order submitted by defendant ISL Employees, Inc. Background: On May 31, 2023, plaintiff Antonia Ramirez, individually and on behalf of current and former non-exempt California employees, filed a class action complaint against defendants ISL Employees, Inc. (ISL), The Oak Cottage of Santa Barbara, LLC (Oak Cottage), and ADP Totalsource I, Inc. (ADP) (collectively, defendants) asserting eleven causes of ac...
2023.08.18 Motion to Allow Filing of Fifth Amended Complaint 501
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.08.18
Excerpt: ...ded complaint (FAC). The FAC asserted eight causes of action: (1) false arrest; (2) false imprisonment; (3) negligence; (4) battery; (5) intentional infliction of emotional distress; (6) violation of statutory duty to properly train officers; (7) violation of statutory duty to properly supervise officers in the field; (8) violation of title 42 United States Code section 1983. Defendants the Santa Barbara County Sheriff's Department, the County of...
2023.08.18 Demurrers 287
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.08.18
Excerpt: ...it 1 to its opposition to defendant's demurrer, on or before August 28, 2023. (2) For all reasons discussed herein, the Court overrules the demurrer of cross-defendant Bernardino Garcia Hernandez to the cross-complaint filed by James P. Gerety. Cross-defendant shall file and serve his answer to the cross-complaint on or before August 28, 2023. Background: The complaint filed in this matter on January 19, 2023, by plaintiff American Mutual Insuran...
2023.08.16 Motion to Compel Deposition 379
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.08.16
Excerpt: ...al date in this case is 2/7/24. On 6/23/23 a motion to compel a deposition was filed by Plaintiffs which is set for hearing on 8/16/23. The motion seeks to compel Defendant Wendy P. McCaw (McCaw) to appear for a deposition and seeks monetary sanctions against McCaw and her counsel of record. McCaw is identified in the motion as the Chief Executive Officer of Defendant Ampersand Publishing, LLC (Ampersand). In the motion, Plaintiffs contend that M...
2023.08.16 Demurrer to FAC, Motion to Strike 132
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.08.16
Excerpt: ...nd Person of Rosemary Free Leahy: David J _ Tappeiner For Defendants Channe Coles and Thc Law Ofice of Channe G. Coles: R. Chris Kroes For Defendants Patricia Wollum and Susan Reynolds: Gabriella L _ Sternfeld, David A _ Napper, Gregory K _ Sabo For Defendant Patrick Leahy: Self-Represented 2. 3. 4. 5. RULNG The demurrer of Defendants Channe Coles and The Law Office of Channe G. Coles, to Plaintiffs' first amended complaint, is sustained with lea...
2023.08.15 Motion to Compel Arbitration 433
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2023.08.15
Excerpt: ... Mutual Insurance Company According to the uncontested exhibits: McKiernanlJl made a demand for settlement in the amount of $750,000 to defendant's adjuster: Nancy Ball: on August 11 : 2020. Ms. Ball countered u.ith an offer of S16,250 on August 25, 2020. This was rejected on September 8, 2020. On January 8, 2021 McKieman emailed medical and billing records from Center of Specialized Surgery of Santa Barbara to Liberty Mutual with a cover letter ...
2023.08.15 Motion to Compel Arbitration 371
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2023.08.15
Excerpt: ...only known as the ' 'lemon law. Briefly (based on allegations in the operative pleading): on August 23, 2010, plaintiffs purchased a 2020 Nissan Versa for a total purchase price of S32:435 28 (hereafter: the vehicle); Nissan issued a manufacturer's warranty contained in Exhibit 1 to the operative pleading. The vehicle began to suffer electrical and engine difficulties, and plaintiffs took the vehicle to an authofized Nissan repair facility: which...
2023.08.14 Motion for Approval of Settlement 147
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.08.14
Excerpt: ...ry M. Crosner For Defendant Ventura Investment Co.: Brier Miron Setlur TENTATIVE RULING: The motion for approval of settlement under the private attorney's general act is granted. The court will sign the proposed order. Background: Plaintiff Matt Del Campo, on behalf of himself, the State of California, and others similarly situated and aggrieved, filed his complaint on June 7, 2022. The complaint alleges a single cause of action for violation of...
2023.08.14 Motion to Set Aside Default, Judgment 039
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.08.14
Excerpt: ...o set aside default is granted. The Court orders the default entered on March 17, 2023, vacated. Any response to plaintiff's complaint or challenge to service must be filed and served on or before September 13, 2023. No request for entry of default, if appropriate, as against defendant may be filed by plaintiff prior to September 14, 2023. Background: Plaintiff Brett Lauter filed a complaint in this matter on December 22, 2022, alleging eight cau...
2023.08.14 Motion to Transfer 478
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.08.14
Excerpt: ...es, LLC: Wesley D. Hurst, Allegra Gorchynski, Polsinelli LLP TENTATIVE RULING: The Court continues the hearing on defendant's motion to transfer and coordinate cases to September 11, 2023. On or before September 1, 2023, defendant Enterprise Rent-A-Car Company of Los Angeles, LLC, shall file and serve its supplemental brief, declarations, or other necessary documents in accordance with this ruling. Background: As alleged in the operative first am...
2023.08.11 Motion to Compel Further Responses 371
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.08.11
Excerpt: ...50, and 54 is granted. GM shall provide verified, code compliant, further responses to RFPs Nos. 28, 29, 30, 31, 32, 38, 41, 43, 50, and 54, without objections except as to privilege, no later than September 1, 2023. To the extent that documents are claimed to contain trade-secrets, they will be subject to the stipulated protective order. For any documents withheld on the grounds of privilege, plaintiff shall serve a privilege log identifying eac...
2023.08.11 Motion for Entry of Judgment 042
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.08.11
Excerpt: ... cause of action titled “Common Counts” against defendant Jennifer Lock (Lock). As alleged in the complaint, Lock became indebted to Capital One on an open book account and account stated in writing for money lent by Capital One to Lock at Lock's request. The amount of $8,054.97 is the reasonable value that is due from and unpaid by Lock. Defendant answered the complaint on December 3, 2021, denying based upon lack of knowledge sufficient to ...
2023.08.11 Demurrer 415
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.08.11
Excerpt: ...ed below, the Court will overrule defendants' general demurrers to the fifth cause of action for sexual harassment in violation of Civil Code section 51.7, and sixth cause of action for intentional infliction of emotional distress. For the reasons more fully articulated below, the Court will sustain defendants' general demurrer to the seventh cause of action for violation of the Ralph Act. For the reasons more fully articulated below, the Court w...
2023.08.09 Motion for Summary Adjudication 171
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.08.09
Excerpt: ...eron W. Thomas, William A. Bossen Defendant Inzunza 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 Issue Lowe's Motion for Summary Adjudication against Inzunza; specifically, Lowe's requests that the Court grant Summary Adjudication in its favor on the is...
2023.08.09 Demurrer 020
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.08.09
Excerpt: ...serve her answer to Plaintiff's complaint on or before August 18, 2023. Background On March 14, 2023, Plaintiff Daniel Powell filed a complaint in this matter as Trustee of the Powell-Gorman Trust dated March 31, 1998, as amended and restated (the Trust), and on behalf of his parents Suedell Powell (Powell) and Thomas Gorman (Gorman), who are settlors of the Trust and who are deceased. As alleged in the complaint, in late 2021, Gorman and Powell,...
2023.08.07 Motion to Vacate Judgment 577
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.08.07
Excerpt: ...nt on Sister State Judgment, by plaintiff Gary Dachis. Pursuant to a judgment in the total amount of $6,695.00, entered in favor of Dachis and against defendant Kay Lemke on May 24, 2021, by the Conciliation Court, Fourth Judicial District, in the County of Hennepin, State of Minnesota, Case No. 27-CO-19-8203, Dachis sought entry of a California judgment. The California judgment was entered on that date in the amount of $6,695.00, plus accrued in...
2023.08.07 Motion to Compel Compliance, Deposition, for Sanctions 909
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.08.07
Excerpt: ...s (2) Plaintiff's Motion To Compel Compliance And Request For Sanctions ATTORNEYS: For Plaintiff Yvonne Saldana: Elliot J. Siegel, Margaret R. Wright, Tiffany Nguyen, King & Siegel LLP 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 court continues the hearing on plaintiff's motion to c...
2023.08.07 Motion to Compel Answers 978
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2023.08.07
Excerpt: ...: August 7, 2023 MATTER: (1) Defendant Heirloom Valley, LLC's Motion For Order Compelling Plaintiff To Answer First Set Of Special Interrogatories and For Monetary Sanctions (2) Defendant Heirloom Valley, LLC's Motion For Order Compelling Plaintiff To Answer First Set Of Demand For Production Of Documents and For Monetary Sanctions (3) Defendant Heirloom Valley, LLC's Motion For Order Compelling Plaintiff's Further Responses To Employment Form In...
2023.08.04 Motion to Tax Costs, for Attorney Fees, to Strike 178
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.08.04
Excerpt: ...ttorney fees are awarded in favor of plaintiffs Nicole Nagel and Esy Investments, LLC, and against all defendants, jointly and severally, in the total amount of $6,369,793.98. $3,515,775.50 payable to Barnes & Thornburg, LLP; $316,145.89 to Rincon Venture Law Group; $114,640.00 to Kathleen Bliss Law PLLC; and $2,423,232.59 to Valle Makoff LLP. (2) Costs in favor of Plaintiffs a. Costs in the amount of $3,559.00 are allowed for filing and motion f...
2023.08.04 Motion to Strike 360
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2023.08.04
Excerpt: ..., and Diego Rodriguez Garcia filed their original complaint in this action 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 generally denying t...

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