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2018.7.24 Petition for Minor's Compromise 315
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2018.7.24
Excerpt: ... agreement. It is recommended that the attorney attend the hearing and be prepared to discuss whether the settlement amount is reasonable in light of the costs request. The proposed order (Judicial Council form MC-351) and Order to Deposit Money Into Blocked Account (Judicial Council form MC-355) has not yet been submitted. ...
2018.7.24 Motion for Summary Adjudication 780
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.7.24
Excerpt: ...e and Donald McGilvray Richard C. Weston for Defendant AmGUARD Insurance Company RULINGS: Plaintiffs' motion for summary adjudication as to their second cause of action for declaratory relief and AmGUARD's fourth affirmative defense is granted. The Court finds as a matter of law that Endorsement BP 99600312 to the AmGUARD policy does not apply to plaintiffs' March 19, 2017, water damage claim. AmGUARD's motion for summary adjudication as to plain...
2018.7.24 Motion for Judgment on Writ of Mandate 729
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.7.24
Excerpt: ...h Catt Properties, to wit: Santa Barbara Inland & Coastal Rights Association vs City of Santa Barbara#18CV03136; the Court will be interested in your comments as to any advantages in facilitating resolution that might be accomplished in going forward, if any.] Background: This action arises from respondent/defendant City of Santa Barbara's City Council's denial of an appeal from an April 19, 2017, decision by the Historic Landmarks Commission den...
2018.7.24 Demurrer 655
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.7.24
Excerpt: ... the complaint as a whole. Plaintiff shall file and serve his first amended complaint, if he chooses to do so, on or before August 8, 2018. Background: As alleged in the complaint: Plaintiff Stephen T. Crozier and defendant Mareike Schmidt made an oral agreement for personal loans in the total principal amount of $26,063.00. (Complaint, ¶ BC-1 & exhibit B.) Loans were made in varying amounts from July 2, 2013, with the last statement showing suc...
2018.7.24 Motion to Compel Answers 439
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.7.24
Excerpt: ...r responses to form interrogatories, set one, is granted in part and denied in part. Defendant Aaron Fahey shall serve verified further responses to form interrogatories, set one, Nos. 14.1, 14.2, 15.1, 16.2, 16.3, 16.4, 16.5, 16.6, 16.7, and 16.8 on or before August 8, 2018. The Court awards monetary sanctions in favor of plaintiff and against defendant Fahey in the amount of $2,010 to be paid to counsel for plaintiff on or before August 8, 2018...
2018.7.23 Petition for Release of Property from Lien 599
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2018.7.23
Excerpt: ...the absence of timely service and timely filing of proof of service, the hearing on the petitioner's petition is ordered off calendar without prejudice to obtaining a new hearing date for which timely service and proof of service are made. Background: As alleged in the verified petition of petitioners Jeff Chancer and Joni Chancer: Petitioners are owners of real property located at 504 Toro Canyon Road, Santa Barbara (the Property). (Petition, ¶...
2018.7.23 Motion to Strike 212
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2018.7.23
Excerpt: ...Whitehead, Ray Bourhis Associates For Defendant Fireman's Fund Insurance Company: Randy M. McElvain, Bein A. Berube, Weston & McElvain LLP Tentative Ruling: The motion of defendant Fireman's Fund Insurance Company to strike portion of plaintiffs' complaint is ordered stricken and the hearing ordered off calendar. Defendant Fireman's Fund shall file and serve its answer to the complaint on or before August 7, 2018. On May 1, 2018, plaintiffs Your ...
2018.7.20 Motion for Approval of Settlement, to Quash 531
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.7.20
Excerpt: ...ocuments pertaining to Ms. Saavedra. The documents produced shall be subject to an “attorney eyes-only” protective order. Counsel for plaintiff shall prepare an order reflecting this ruling, including the protective order, and submit it to counsel for defendant. The court fully expects the parties to agree to the terms of the order. The court denies the requests for monetary sanctions. The court grants defendant's application to file the conf...
2018.7.20 Minor's Compromise 921
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.7.20
Excerpt: ... been filed or when such verification will be filed. Background: On September 1, 2017, plaintiffs Kristy Oakley, individually and as guardian ad litem for minor plaintiff Emily Oakely, filed their complaint in this action against defendant Margaret Dent. The complaint in this action arises out of an automobile accident occurring on December 8, 2015, in which the vehicle occupied by Kristy Oakley and Emily Oakley was struck by defendant's vehicle ...
2018.7.20 Demurrer 752
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.7.20
Excerpt: ...ment (HUD) acquired ownership of residential property located at 7255 Alameda Avenue, Goleta, CA, in a foreclosure sale. The deed noting that acquisition was recorded on September 14, 2017. On February 27, 2018, HUD served a 3-day Notice to Quit and Surrender Possession and a Notice to Renters on the occupants of the property. When the occupants did not vacate the property, an unlawful detainer action was filed on March 9, 2018 (Case No. 18CV0121...
2018.7.20 Motion for Leave to File Complaint 875
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.7.20
Excerpt: ...e July 27, 2018. Defendants shall file and serve their response to the first amended complaint on or before August 6, 2018. Background: Plaintiffs Joanne G. Ward and Alla Ratynets, trustees of the J&J Investment Trust filed their original complaint in this action on June 28, 2017, asserting seven causes of action against defendants Tower Industries, Inc., (Tower) and Tom Stull. The claims arise out of allegations that hazardous substances were le...
2018.7.20 Motion to Compel 348
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.7.20
Excerpt: ...ts business records subpoena served on third party Health Net of California, Inc. (Health Net) on January 30, 2018. (Goldstein decl., ¶¶ 3, 4 & exhibits B, C.) This is the second motion filed for this purpose. The original motion was filed on June 4, 2018, and was scheduled for hearing on July 6. On June 29, RMRC filed a notice of taking this original motion off calendar. The second motion was filed on June 28, 2018. Apart from dates, the secon...
2018.7.20 Motion to Compel Further Responses, for Leave to File Complaint 966
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2018.7.20
Excerpt: ...tiffs' request for monetary sanctions is denied. Trader Joe's motion for leave to file cross-complaint for indemnity and contribution is granted as set forth herein. BACKGROUND: This is an action for personal injuries arising out of an automobile versus pedestrian accident. According to the allegations, on October 8, 2016, plaintiff Matthew P. Quirk was standing in front of the entrance to defendant Trader Joe's Company, Inc.'s (“Trader Joe's�...
2018.7.18 Petition for Forfeiture 820
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2018.7.18
Excerpt: ...nta Barbara Sheriff's Department on May 13, 2017, at Motel 6, 4200 Via Real, Carpinteria, California. Plaintiff contends that the money was used to facilitate the manufacture and/or sale of a controlled substance or was exchanged or intended to be exchanged for a controlled substance. The money formerly belonged to claimant Jose Manuel Escamilla. On June 9, 2017, Escamilla was charged by criminal complaint with possession for sale of a controlled...
2018.7.18 Demurrer, Motion to Strike 508
Location: Santa Barbara
Judge: Maxwell, Pauline
Hearing Date: 2018.7.18
Excerpt: ...es in plaintiff Jian Chen's second amended complaint without leave to amend. Background: Plaintiff Jian Chen filed her original complaint in this action on August 9, 2017. The original complaint alleged only one named defendant, Automobile Club of Southern California (Auto Club). With Auto Club's demurrer pending, Chen filed a first amended complaint naming as a defendant “Interinsurance Exchange of the Automobile Club/Automobile Club of Southe...
2018.7.17 Petition to Approve Compromise of Person with Disability 980
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.7.17
Excerpt: ... 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 petition is granted. Neither plaintiff nor his guardian ad litem need appear at the hearing. Background: This medical malpractice action, filed on July 6, 2017, alleges that plaintiff Ryan Burks was negligently treated for various conditions by the UCSB...
2018.7.17 Motion to Compel Property Inspection 630
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2018.7.17
Excerpt: ...nce, slander of title, unfair competition, and intentional interference with prospective economic advantage). The ensuing weeks will see the following motions on calendar: 1) on July 24, 2018, a demurrer by defendants as to the seventh cause of action; 2) on July 31, 2018, a motion to quash a subpoena filed by plaintiffs; 3) on August 14, 2018, two summary judgment/adjudication motions filed by defendants; and 4) a jury trial scheduled for Septem...
2018.7.17 Motion for Leave to File Complaint 061
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.7.17
Excerpt: ..., will be deemed filed as of July 17, 2018. Roxanne Doree shall serve the cross- defendants no later than July 27, 2018. Background This action arises out of an incident on April 11, 2017, in Santa Barbara, when an unleashed dog allegedly ran from defendant Roxanne Doree's property and entered the roadway directly into plaintiff Kirk Martin's path while he was riding a motor scooter. Plaintiff Kirk Martin sues for negligence and plaintiff Randee ...
2018.7.17 Motion for Change of Venue 260
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2018.7.17
Excerpt: ..., venue is proper here because defendant's last known address was in Lompoc. A summons was issued on July 27, 2016, although it does not appear defendant has been served with the complaint, and defendant has not otherwise made a general appearance. On June 4, 2018, plaintiff Absolute filed the present motion for change of venue, pursuant to Code of Civil Procedure section 395. Plaintiff asks the court to transfer the matter to the San Luis Obispo...
2018.7.17 Minor's Compromise 239
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.7.17
Excerpt: ...n all respects, which will then be executed by the Court. ANALYSIS: The Court has reviewed the proposed order submitted with the petition. The proposed order is incomplete, in that it fails, at ¶ 7.c.(1)(a) to specify the payee for the payment of the attorneys' fees and costs. Petitioner is requested to prepare and submit an order that is complete in all respects. At that time, the Court will execute and file the order. ...
2018.7.16 Motion to Strike 178
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2018.7.16
Excerpt: ...nathan J. Boustani, Barnes & Thornburg LLP; K. Andrew Kent, Rincon Venture Law Group For Defendants Westen Family Group, LLC, and Derek Westen, individually and as trustee of the Westen Family Trust U/A dated July 2, 1999: Scott B. Campbell, Rogers, Sheffield & Campbell, LLP For Defendant Peter K. Westen, individually and as trustee of the Westen 2010 Trust U/A dated July 28, 2010: R. Chris Kroes, Linda Elias-Wheelock, McCarthy & Kroes For Defend...
2018.7.16 Motion to Determine Prevailing Party 544
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2018.7.16
Excerpt: ...Self-represented Tentative Ruling: The motion of petitioner Villa Sycamore Owners' Association is granted and the court awards post-arbitration attorney fees (in addition to attorney fees included in the arbitration award) in favor of petitioner Villa Sycamore Owners' Association and against respondent Jill L. Ariew in the amount of $4,408.25. Background: On March 27, 2018, petitioner Villa Sycamore Owners' Association filed its petition to confi...
2018.7.16 Motion for Leave to Amend Complaint 597
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2018.7.16
Excerpt: ...ebra S. Fischl, Effres & Associates For Defendants Santa Barbara Cottage Hospital, Cecilia Gaete (Doe 52), and Meghan Murphy (Doe 53): Maureen E. Clark, Cathy Anderson, Clinkenbeard, Ramsey, Spackman & Clark, LLP For Defendant John Park, M.D. (Doe 51): Barbara S. Kilroy, Jennifer J. Henderson, Hall, Hieatt & Connely, LLP Tentative Ruling: The motion of plaintiffs for leave to file a first amended complaint is granted in part and denied in part. T...
2018.7.2 Motion Re Discovery Referee's Recommendations, for Summary Judgment, Adjudication 178
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2018.7.2
Excerpt: ...mily Group, LLC to Further Resond to Plaintiffs' Production Demand Set 5, Number 7, and Motion for an Order that Westen Family Group, LLC pay the Entire Referee's Fee Motion for Summary Judgment or, in the Alternative, Summary Adjudication Attorneys: For Plaintiffs: Paul J. Laurin, et al. (Barnes & Thornburg – Los Angeles); K. Andrew Kent (Rincon Venture Law Group – Westlake Village) For Defendants Westen Family Group and Derek Westen.: Scott...
2018.7.2 Motion for Summary Adjudication 780
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2018.7.2
Excerpt: ... adjudication are ordered continued to July 24, 2018, at 9:30 a.m., in this Department for failure to comply with the court rules regarding the format of e-filed documents, specifically exhibits. Each side shall file and serve their properly formatted exhibit lists on or before July 6, 2018. The briefing schedule for the two motions shall remain as set forth in the Court's June 1, 2018 order. Analysis This case concerns an insurance dispute over ...

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