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2022.05.09 Motion for Preliminary Injunction 517
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.05.09
Excerpt: ...and Cal Green Medical, LLC: Nicole K. Howell, Daniel E. Dersham, Katherine A. Podein, Clark Howell LLP For Defendants Jeddediah Delmar Hazard and Mark Valdez Russell: Joshua E. Lynn, Elizabeth A. O'Brien, Lynn & O'Brien, LLP For Defendant City of Goleta: Megan K. Garibaldi, John M. Natalizio, Best Best & Krieger LLP TENTATIVE RULING: For the reasons set forth herein, the hearing on plaintiffs' motion for a preliminary injunction is continued to J...
2022.05.09 Demurrer 686
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.05.09
Excerpt: ...er, Pfau, Pyle & McRoy LLP For Defendants Adam Pirozzi and 4602 Via Carretas, LLC: Jasper L. Ozbirn, Ozbirn Law TENTATIVE RULING: Defendants' demurrer is sustained in part. Plaintiff shall file his amended pleading, in accordance with this ruling, on or before May 20, 2022. Background: Plaintiff's verified complaint filed on November 30, 2021 alleges three causes of action against defendant Adam Pirozzi for (1) Fraudulent Inducement (Purchase Agr...
2022.05.06 Motion to Seal 077
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.05.06
Excerpt: ...s and authorities in support of CCA's application for right to attach order and writ of attachment filed on March 7, 2022 (“Memorandum”), and “limited portions” of its cross-complaint also filed on March 7, 2022. Analysis: “The court may order that a record be filed under seal only if it expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overridi...
2022.05.06 Motion to Compel Further Responses 113
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.05.06
Excerpt: ...f such fees or a notice of withdrawal of the motions for which fees are not paid. On or before May 13, 2022, plaintiff shall also file and serve notice of the continued hearing. Background: On June 23, 2020, plaintiffs Mark Schaub and TLG Ltd. filed their original complaint in this action against defendants Andrew Wyle Waters, FCP Corporate Ltd. (FCP Corporate), and FCP Private, LLC (FCP Private). On February 2, 2021, without any response having ...
2022.05.06 Motion for Final Approval of Class Action Settlement 341
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.05.06
Excerpt: ...against AVS, alleging causes of action for (1) failure to pay all overtime compensation based on the proper regular rate of pay (Labor Code sections 510, 1194, 1194.2, 1197, 1199); (2) failure to provide meal periods and/or pay meal period premiums (Labor Code sections 226.7, 512 and IWC Wage Order 1-2001); (3) failure to provide off-duty rest periods to and/or pay rest period premiums (Labor Code section 226.7 and IWC Wage Order 1-2001); (4) fai...
2022.05.06 Demurrer 693
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.05.06
Excerpt: ...May 23, 2022. Background: Plaintiff Allison Griffin alleges that, between May 2017 and August 2021, Griffin and defendant John Fly, Jr., entered into an oral contract in which Fly “promised to reimburse [Griffin] for monies spent on Defendant's property located at 4865 Aragon Drive, Carpinteria, … and for monies lent by Plaintiff to Defendant and/or spent at Defendant's request, for Defendant's iPad, health insurance premiums, mortgage paymen...
2022.05.06 Demurrer 227
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.05.06
Excerpt: ...��FAC”) filed on January 24, 2022: Plaintiff Montecito Country Club, LLC (“MCC”) owns the Montecito Club golf course located at 920 Summit Road in Santa Barbara, California (the “Montecito Club Property”). (FAC, ¶¶ 1, 11.) MCC is the owner of reserved easement created in 1977 (“Recorded Easement”) which burdens adjacent property owned by defendants Kevin C. Root and Jeannette P. Root (“Root Defendants”) located at 1059 Summit ...
2022.05.05 Motion to Add Judgment Debtors 823
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.05.05
Excerpt: ...Alan D. Condren; Bruce W. Hogan, Kingston, Martinez, & Hogan, LLP For Defendant-Judgment Debtor Superior Millwork of SB, Inc.: Robert B. Locke For Joseph Morin: Self-represented For Diana Lynn Morin: Self-represented For A&E Cabinets, LLC: No appearance TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiff-judgment creditor Peoples' Self-Help Housing Corporation to add judgment debtors is granted in part and denied in part. ...
2022.05.02 Motion to Consolidte and Stay Proceedings 042
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.05.02
Excerpt: ...Cazares, Jr.: H. Frederick Seigenfeld, Seige Law PC TENTATIVE RULING: Plaintiff's motion is granted. Case number 21CV00487 (Jaime Cazares, Jr., vs. Jaime Cazares, Sr., et al.) shall be consolidated for all purposes with this action, with Case No. 21CV05042 as Lead Case. All further documents are to be filed in Case No. 21CV05042. Case number 21CV00487 is stayed pending final disposition of the consolidated action. Background: Plaintiff Martin Caz...
2022.05.02 Motion to Add Judgment Debtors 823
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.05.02
Excerpt: ...Alan D. Condren; Bruce W. Hogan, Kingston, Martinez, & Hogan, LLP For Defendant-Judgment Debtor Superior Millwork of SB, Inc.: Robert B. Locke For Joseph Morin: Self-represented For Diana Lynn Morin: Self-represented For A&E Cabinets, LLC: No appearance TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiff-judgment creditor Peoples' Self-Help Housing Corporation to add judgment debtors is granted in part and denied in part. ...
2022.05.02 Demurrer to Unlawful Detainer Complaint 161
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.05.02
Excerpt: ...und: This is a residential unlawful detainer action, filed on January 14, 2022. The complaint alleges that defendants were tenants of property owned by plaintiffs, and located at 1216 Blanchard Street, Unit B, in Santa Barbara. It alleges further that each defendant was served with a 60-day notice of no-fault just cause termination of tenancy on November 1, 2021. The notices, attached to and incorporated into the complaint, stated the grounds for...
2022.04.27 Demurrer, Motion for Preliminary Injunction 995
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.04.27
Excerpt: ...nctions RULING (1) For the reasons set forth herein, the demurrer of defendants Lil' Wave Financial dba Open Door Lending, Gillee Sherman, and Superior Loan Servicing to the complaint of plaintiff Eileen Lazar is sustained, with leave to amend, as to the second and third causes of action, and is otherwise overruled. Lazar shall file and serve her first amended complaint on or before May 12, 2022. (2) For the reasons set forth herein, the motion o...
2022.04.27 Motion to Compel Further Responses, for Sanctions 185
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.04.27
Excerpt: ...aw Emails: [email protected]; [email protected]; lsavitt @ br gslaw.c o MATTERS (1) Plaintiff's Motion To Compel Further Responses To Requests For Production and Request F (2) Plaintiff's Motion To Compel Further Responses To Interrogatories and Request For Sancti o RULING The Court will continue the hearin g on plaintiff's motions to June 1, 2022. On or before M for the Motions to Compel Further Responses to the Requests For P...
2022.04.27 Motion to Compel Responses, for Sanctions 196
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.04.27
Excerpt: ...2 without objection. The request to impose sanctions on Fiore and its counsel of record Daman & Associates, LLC in the amount of $5,080 is GRANTED; said sanctions to be paid by 5/10/22. Analysis This Motion was advanced from 5/18/22 per ex parte order filed 4/18/22; the trial date is 6/1/22 and the MSC is 5/6/22; time is of the essence. Moving Papers Supported by the Declaration of Jared Katz and a Memorandum of Points and Authorities; summarized...
2022.04.25 Motion to Compel Further Responses 207
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.04.25
Excerpt: ...Documents (Set Two) ATTORNEYS: For Plaintiff Mayra Perez, individually and as GAL for Santiago Perez, III, a minor, and Bella S. Perez, a minor: Clark T. Stirling, Jordan T. Porter, Nye, Stirling, Hale & Miller, LLP For Defendant/Cross-Complainant/Cross-Defendant John Kenney Construction, Inc.: Scott Monroe, Sejal Patel, Messner Reeves LLP For Defendant, Cross-Complainant and Cross-Defendant Big Red Crane Company, Inc.: George Knopfler, Douglas K...
2022.04.25 Motion for Leave to File Amended Complaint 039
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.04.25
Excerpt: ...nd Chandler For Defendants Pacifica Companies, LLC, Pacifica Coast, LP, Pacifica Senior Living Management, LLC, Dorella Hospitality, Inc. and Max Combs: Erik McLain, McLain Law Firm, PC TENTATIVE RULING: The Court grants plaintiff Meister Builders, Inc.'s motion for leave to file a fourth amended complaint. Plaintiff shall file and serve its Fourth Amended Complaint, in the form attached to the Declaration of Raymond Chandler as Exhibit A, on or ...
2022.04.25 Demurrer, Motion to Strike, to Quash 946
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.04.25
Excerpt: ...Santa Barbara Unified School District to Strike Portions of Third Amended Complaint (3) Motion of Defendant Matef Harmachis to Quash Business Records Subpoena to the Commission on Teacher Credentialing (4) Motion of Defendant Santa Barbara Unified School District to Quash Business Records Subpoena to the Office of the Santa Barbara County District Attorney ATTORNEYS: For Plaintiff Jane OB Doe: Morgan A. Stewart, Saul E. Wolf, Cristina J. Nolan, M...
2022.04.22 Motion to Dismiss 955
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.04.22
Excerpt: ...: Plaintiff Roy E. Stephenson has sued numerous defendants including Desert European Motorcars, Ltd. (“DEM”) and its employees, defendants Wayne Bernstein, Shad Scheussler, Larry Py, Nora Whittaker, Frank Hickingbotham, Tiffany A. Murphy, Jerry Johnson, Gene Whisenhunt, Gary Whitaker, and Kevin I. Chapman, Porsche Cars North America, Inc. (“PNCA”) and others in connection with the purchase of a 2011 Porsche 911 Carrera S Cabriolet in Marc...
2022.04.22 Demurrer, Motion to Strike 872
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.04.22
Excerpt: ... Response Act) and third cause of action (inverse condemnation), and is overruled as to the fifth cause of action (willful misconduct). (2) For the reasons set forth herein, the motion of defendants Plains All American Pipeline, L.P., and Plains Pipeline, L.P., to strike portions of plaintiffs' third amended complaint is granted, with leave to amend, to strike (i) from paragraph 214 the semi-colon and text to the end of the sentence (“; and bec...
2022.04.21 Motion for Leave to File Amended Complaint 039
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.04.21
Excerpt: ...nd Chandler For Defendants Pacifica Companies, LLC, Pacifica Coast, LP, Pacifica Senior Living Management, LLC, Dorella Hospitality, Inc. and Max Combs: Erik McLain, McLain Law Firm, PC TENTATIVE RULING: The Court grants plaintiff Meister Builders, Inc.'s motion for leave to file a fourth amended complaint. Plaintiff shall file and serve its Fourth Amended Complaint, in the form attached to the Declaration of Raymond Chandler as Exhibit A, on or ...
2022.04.20 Motion to Strike 963
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.04.20
Excerpt: ...kground This action arises out of a motor vehicle accident that occurred on May 6, 2020, at the intersection of Hollister Avenue and Los Carneros Road in Goleta, California. Plaintiff George Nicholas Rogers alleges the accident was caused by defendant Gundi Birk's negligence. On May 18, 2021, plaintiff filed a complaint alleging a single cause of action for negligence against defendant. On January 6, 2022, plaintiff filed a motion for leave to fi...
2022.04.20 Motion to Compel Further Responses 056
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.04.20
Excerpt: ...laintiff's motion to compel defendant to provide further responses to Request for Production of Documents (Set 1) and for sanctions of $2,852. RULINGS The motions are denied. Background Plaintiff Ronald Heller filed this action, in pro per, against defendant Andrew B. Mitchell on May 25, 2021, alleging a cause of action for legal malpractice related to defendant's representation of him in his divorce proceedings. Mitchell answered the complaint, ...
2022.04.20 Motion for Reclassification 696
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.04.20
Excerpt: ...iffs Tonya R. Teaney and Brandon T. Mix filed a complaint for breach of contract, fraudulent conduct and bad faith against defendants Hidden Oaks Ranch, LLC (“Hidden Oaks”), The Palm Grove, LLC (“Palm Grove”), and Dennis Hoey (“Hoey”). On October 28, 2021, plaintiffs filed a First Amended Complaint (“FAC”) for breach of contract and fraudulent concealment against these same defendants. The FAC seeks economic damages in the amount ...
2022.04.20 Demurrer, Motion Re Anti-SLAPP 600
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.04.20
Excerpt: [email protected]; [email protected]; hrosin g@ klinedin RULING (1) For the reasons set forth herein, the special motion to strike (anti-SLAPP) of defendan t Delane y's first amended complaint is granted as to each cause of action and to the first a m address Timoth y Delane y's request for attorne y fees and costs in a noticed motion to be fil (2) For the reasons set forth herein, the special motion to strike (anti-SLAPP) of defendan t III, t...
2022.04.15 Motion for Preliminary Approval of Class Action Settlement 986
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.04.15
Excerpt: ...time. Background: On November 8, 2019, plaintiff Jorge Delgado, individually and on behalf of others similarly situated, filed a complaint against defendant SBBC Brewhouse, LLC, (Brewhouse) asserting causes of action for unpaid minimum and overtime wages, missed meal and rest breaks, violations of Labor Code sections 226 and 203, for unfair business practices under Business and Professions Code section 17200, et seq., and for penalties under Labo...
2022.04.13 Demurrer 161
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.04.13
Excerpt: ...endants were tenants of property owned by plaintiffs, and located at 1216 Blanchard Street, Unit B, in Santa Barbara. It alleges further that each defendant was served with a 60-day notice of no-fault just cause termination of tenancy on November 1, 2021. The notices, attached to and incorporated into the complaint, stated the grounds for the notice as "OWNERS INTEND TO SUBSTANTIALLY REMODEL THE RESIDENTIAL UNIT." The notice stated further that r...
2022.04.13 Motion to Set Aside Default Judgment 732
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.04.13
Excerpt: ..., to set aside the default and default judgment entered against them is denied. Background: On April 29, 2021, plaintiff Kea Plumbing (Kea) filed its complaint in this action against defendants Richman Bry and Riviera Capital Group, LLC (Riviera) asserting five causes of action: (1) foreclosure of mechanic's liens; (2) breach of contract; (3) unjust enrichment; (4) defamation; and (5) interference with contractual relations. The claims of the com...
2022.04.12 Motion for Summary Judgment 288
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.04.12
Excerpt: ...din g Materials, LP dba Westside Buildin g Materials Ch a Emails: [email protected]; [email protected]; [email protected]; [email protected]; daniel. yana gihara @ pccci. c [email protected]; [email protected]; [email protected]; Matters Motions for Summary Judgment Þled by defendants (1) Westside and (2) Serious Rulings The Motions are GRANTED; more specifically: (1) Summary judgment is granted in Westside's favor; the Court re...
2022.04.12 Motion for Summary Adjudication 786
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.04.12
Excerpt: ... Plaintiff's Motion for Summary Adjudication Ruling 1. Evidentiary Objections on the declaration of Phyllis Noble #1. Paragraph 8, 3:14-22: Sustained #2. Paragraph 9, 3:23-27: Sustained #3. Paragraph 10, 4:1-8: Overruled #4. Paragraph 11, 4:9-14: Overruled #5. Paragraph 12, 4:15-18: Overruled #6. Paragraph 14, 4:27-28, 5:1-8: Sustained #7. Paragraph 15, 5:9-13: Sustained #8. Paragraph 17, 5:20-28, 6:1-11: Overruled #9. Paragraph 18, 6:13-15: Sust...
2022.04.12 Demurrer, Motion to Strike 926
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2022.04.12
Excerpt: ...mplaint on February 14, 2022, advancing seven (7) causes of action against the same defendants named in earlier pleadings, as follows: 1) promissory fraud/false promise; 2) quiet title; 3) breach of novation; 4) breach of an implied-in-fact contract; 5) breach of the implied covenant of good faith and fair dealing; 6) unjust enrichment; and 7) declaratory relief. Defendants demur to the verified second complaint, claiming the entire pleading is b...
2022.04.12 Demurrer 540
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.04.12
Excerpt: ...ns set forth herein, the demurrer of defendants' MHC TT, L.P., and MHC NAC, L.P., to the first amended complaint of plaintiff Chelsea Cumber is overruled. Defendants shall file and serve their answers to the first amended complaint on or before April 27, 2022. Background Plaintiff Chelsea Cumber's alleges in her first amended complaint (FAC) a cause of action for premises liability and general negligence as follows: Defendants MHC NAC LP and MHC ...
2022.04.12 Petition to Compel Arbitration 869
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.04.12
Excerpt: ...titioner's individual claims, to strike class claims and allegations, and for stay of proceedings RULING For the reasons and in the manner specified below, the petition is granted. Background Plaintiff is a former employee of defendant Coastal Massage Santa Barbara (CMSB), whose president is defendant Franchesta Marbury-Hammonds (Hammonds). Defendants are owners of a Massage Envy franchise location. Plaintiff was employed as a massage therapist. ...
2022.04.11 Motion to Determine Post-Judgment Attorney Fees, Sale of Judgment Debtor's Assets 925
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.04.11
Excerpt: ...nted. Background: This is an action for breach of contract, breach of guaranties, and unjust enrichment. In the complaint, plaintiff alleges that defendants executed loan documents, including a promissory note, and/or executed a personal guaranty for a loan, in October 2015. While some payments were made, defendants ceased making payments, resulting in the complaint being filed on September 11, 2020. Defendants did not appear in the action, and t...
2022.04.11 Motion to Compel Further Responses, for Sanctions 909
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.04.11
Excerpt: ...e Saldana: Elliot J. Siegel and Margaret R. Wright, King & Siegel LLP For Defendants Brown & Brown Insurance Services of California, Inc., Brown & Brown, Inc. and John Esposito: Daniel B. Chammas and Caleb Y. Lee, Ford & Harrison LLP TENTATIVE RULING: (1) Plaintiff's motion is granted in part. (2) Defendant is ordered to provide a further response to plaintiff's Form Interrogatory No 209.2, in accordance with this ruling and without objections ov...
2022.04.11 Motion for Summary Judgment 958
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.04.11
Excerpt: ... Wolf Baschung for summary judgment as to the cross-complaint of Henry Aguila is granted. Cross- defendant Baschung is therefore entitled to judgment on the cross-complaint in his favor. Background: (1) Background Facts Henry Aguila was the president of Thee Aguila, Inc., (TAI) which owned a restaurant/ nightclub property, 8825 Washington Blvd., Pico Rivera, CA (the Property). (Defendant and Cross-Complainant Aguila's Response Separate Statement ...
2022.04.08 Motions to Compel Further Responses 877
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.04.08
Excerpt: ...RFP Nos. 3-5, 9-13 and 16-21 in accordance with this ruling and without the objections overruled herein on or before April 20, 2022. (3) The Court awards sanctions to Butler America, LLC, and against UCOMMG, LLC, and Unified Communications Group, Inc. and their counsel Fisher & Phillips LLP, jointly and severally, in the amount of $4,000.00 payable to counsel for Butler America, LLC, on or before April 20, 2022. Background: The court's March 25, ...
2022.04.08 Motion to Dismiss 299
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.04.08
Excerpt: ...nd Set of Requests For Production Of Documents Nos. 48-53 in accordance with this ruling on or before April 18, 2022. (4) Plaintiff is ordered identify, with specific request numbers, the requests for production to which the documents previously produced by plaintiff respond, in accordance with this ruling, on or before April 18, 2022. (5) Defendant is ordered to give notice of this ruling to plaintiff by mail and email. Background: This action a...
2022.04.08 Motion to Compel Production of Docs 324
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.04.08
Excerpt: ...upon plaintiff by defendant William Charles Conway, M.D. While the surgery itself was a success, plaintiff complains of severe post- surgical complications. Plaintiff Wideman is a licensed attorney, who is representing himself in the action, as well as acting as counsel of record for his wife, plaintiff Kristina Novak. Mr. Wideman designated Farzad Alemi, M.D. as a retained general surgery expert witness. Defendant Conway noticed the expert decla...
2022.04.05 Motion to Compel Further Responses, to Obtain Personnel Records 438
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.04.05
Excerpt: ...laintiffs' motion to compel further responses is denied in its entirety. Plaintiffs' Pitchess motion, seeking disclosure of documents from the personnel files of peace officers Valencia, Carranco, and Green, is granted in part and denied in part, as more fully articulated below. Background: On October 20, 2020, plaintiffs Jeffrey Arlington (Arlington) and Sonia Arlington filed their complaint in this action. As alleged in the complaint: “Santa ...
2022.04.04 Demurrer 161
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.04.04
Excerpt: ...rtment. On or before April 11, 2022, each party shall file and serve a supplemental brief, containing the information requested by the Court below. Background: This is a residential unlawful detainer action, filed on January 14, 2022. The complaint alleges that defendants were tenants of property owned by plaintiffs, and located at 1216 Blanchard Street, Unit B, in Santa Barbara. It alleges further that each defendant was served with a 60-day not...
2022.04.04 Motion to Strike 109
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.04.04
Excerpt: ...olas Tescano, Chad Treppa and Steven Smith: Timothy R. Windham, Lillian C. Harwell, Lewis Brisbois Bisgaard & Smith LLP For Defendant Delta Tau Delta: Aaron S. Case, Mary Childs, Yoka & Smith, LLP For Defendant Delta Tau Delta – Delta Psi Chapter: Patrick R. Ball, Matt Jedrzejek, Messner Reeves, LLP For Defendants Tammy F. Luckenbihl and Matt Luckenbihl: Jay M. Borgeson, Henderson & Borgeson For Defendant Rimrock Real Estate Ventures, LP: Debor...
2022.04.04 Motion for Summary Judgment 084
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.04.04
Excerpt: ...NG: The motion will be granted. Background: Plaintiffs' complaint, filed on May 26, 2021, alleges a cause of action for medical malpractice (by plaintiff Earl Murray, Jr.) and a cause of action for loss of consortium (by plaintiff Jean Marie Murray). Plaintiff Earl Murray, Jr. (Murray) alleges that in February 2020, he was sent to Pueblo Radiology Medical Group, Inc. to have a wire marker inserted into his left axillary region, to facilitate the ...
2022.04.01 Motion to Compel Inspection of Real Property 245
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.04.01
Excerpt: ...tion referee, to inspect the property at the same time. In the event that by April 11, 2022, the parties and the partition referee are unable to reach an agreement as to the date and time for the inspection, Chase may thereafter apply to the court ex parte for an order for a particular date and time for inspection, provided that, in addition to all other requirements for an ex parte application, such ex parte application shall include a declarati...
2022.04.01 Demurrer 827
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.04.01
Excerpt: ...ises). (Complaint, ¶¶ 1, 3, 4.) On July 2, 1986, ROIC's predecessor-in-interest rented the Premises to defendant RIBCO, Inc. dba Woody's BBQ (RIBCO) as a month-to-month tenancy pursuant a written agreement. (Complaint, ¶ 6 & exhibit 1.) On July 23, 2020, ROIC filed its complaint in a different action pending in Department 5 of this court, ROIC California, Inc., v. RIBCO, Inc., case No. 20CV02391 (the Lease Action), asserting causes of action f...
2022.03.29 Demurrer, Motion to Strike, for Trial Preference 061
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2022.03.29
Excerpt: ...uperior Court (2014) 229 Cal.App.4th 468). The demurrer is thus sustained. Leave to amend is granted. Any further challenge to this cause of action must adequately examine these elements. Moreover, moving counsel is advised to review CRC 3.1113(b) which provides: “The memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in sup...
2022.03.29 Demurrer, Motion to Strike 789
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.03.29
Excerpt: ...on provision of the Settlement Agreement is sustained without leave to amend as the provision is void as a matter of law. Defendant's demurrer to plaintiff's breach of contract cause of action based on the non-disparagement provision of the Settlement A greement is overruled. Defendant's motion to strike plaintiff's prayer for attorney's fees is granted. In all other respects, defendant's motion to strike is moot given the ruling on defendant's d...
2022.03.29 Demurrer, Motion for Preliminary Injunction 995
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.03.29
Excerpt: ...for Preliminary Injunction RULING (1) The hearing on the motion for a preliminary injunction is continued to April 27, 2022, at 10:00 a.m. The temporary restraining order issued by the Court remains in effect until disposition of this motion for a preliminary injunction or upon further order of the court. As set forth herein, on or before April 12, 2022, plaintiff Eileen Lazar shall file and serve a supplemental reply brief responding to the supp...
2022.03.28 Motion to Strike 616
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.03.28
Excerpt: ... Transform: Matthew Olufs For Defendant Financial Credit Network, Inc.: Gabe P. Wright, Trevor S. Locko, Hahn Loeser & Parks LLP TENTATIVE RULING: The motion of defendants Mikki Reilly and Fitness Transform to strike portions of the complaint of plaintiff Anne Fristoe, M.D., is granted, with leave to amend, to strike paragraph 37 of the text of the complaint and paragraph 4 of the prayer of the complaint. Leave to amend is limited to the claim fo...
2022.03.28 Motion to Compel Further Responses 909
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.03.28
Excerpt: ...e Saldana: Elliot J. Siegel and Margaret R. Wright, King & Siegel LLP For Defendants Brown & Brown Insurance Services of California, Inc., Brown & Brown, Inc. and John Esposito: Daniel B. Chammas and Caleb Y. Lee, Ford & Harrison LLP TENTATIVE RULING: The court will continue the hearing on plaintiff's motion to April 11, 2022. On or before April 4, 2022, plaintiff shall pay the filing and other fees required for the motions to compel further resp...
2022.03.28 Motion for Summary Adjudication 450
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.03.28
Excerpt: ...TORNEYS: Mark S. Himmelstein for Plaintiff RTA Carneros Village – Phase II, LLC Matthew W. Johnson for Defendant William Hezmalhalch Architects, Inc. TENTATIVE RULING: The motion of defendant for summary adjudication on plaintiff's first cause of action for breach of contract will be denied. BACKGROUND: This action arises out of the construction of a multifamily apartment complex in Goleta, California commonly known as The Village at Los Carner...
2022.03.25 Demurrer, Motion to Strike 487
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.03.25
Excerpt: ...4) retaliation for engaging in protected activity (Gov. Code §12940, subd. (h)) is sustained without leave to amend. The demurrer of defendant Estrada to plaintiff's first four causes of action for failure to exhaust administrative remedies against Estrada is sustained without leave to amend. The demurrer of defendant SBMTD to plaintiff's FAC, and each and every cause of action, for failure to plead sufficient facts to constitute a cause of acti...
2022.03.25 Demurrer 877
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.03.25
Excerpt: ...2) breach of implied covenant of good faith and fair dealing; (3) misappropriation of trade secrets (Civ. Code, § 3426 et seq.); (4) misappropriation of trade secrets (common law); (5) conversion; (6) intentional interference with contractual relations; (7) intentional interference with prospective economic advantage; and (8) unfair business practices (Bus. & Prof. Code, § 17200 et seq.). On January 4, 2021, defendants UCOMMG, LLC (UCOMMG) and ...
2022.03.25 Motion to Dismiss 832
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.03.25
Excerpt: ...(“County”) and officer Colbin Spears. One day later, plaintiff filed a First Amended Complaint (“FAC”) alleging seven (7) causes of action for assault, battery, false arrest, false imprisonment, negligence, intentional infliction of emotional distress and violation of 42 U.S.C. 1983 against the County, defendant Derek Spears [erroneously sued as Colbin Spears] (“Spears”), and the Santa Barbara County Sheriff's Office. Plaintiff's clai...
2022.03.25 Motion for Summary Adjudication 116
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.03.25
Excerpt: ... Lane, Carpinteria, California 93013 (the “Residence”). Plaintiffs Darren Entwistle and Fiona Entwistle (the “Entwistles”) are the owners of the Residence. In 2012, the Entwistles contracted with defendant Paul Franz Construction (“Franz”) to convert a storage room in the Residence into a wine cellar. As part of the remodel project, Franz hired defendant Insulate SB, Inc. (“Insulate”), an insulation subcontractor, to install insul...
2022.03.25 Motion to Compel IME 342
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.03.25
Excerpt: ...Hotels & Resorts, LLC (“Warner Hotels”), the owner of the SYR, its President, Ty Warner (“Warner”), and Saleem Ahmed (“Ahmed”), the Director of Finance at the SYR. The operative second amended complaint (“SAC”) alleges causes of action for wrongful eviction, breach of contract, assault, battery, and intentional infliction of emotional distress. On March 10, 2022, Marks filed a request for dismissal of her wrongful eviction and bre...
2022.03.22 Motion for Leave to File FAC 672
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2022.03.22
Excerpt: ...; (2) failure to provide rest periods; (3) failure to reimburse business expenses; (4) failure to pay all wages due at separation; (5) failure to provide accurate wage statements; (6) unfair competition. Defendant's answer was filed on October 21, 2019. In late 2019, Defendant filed two Petitions to Compel Arbitration. In February 2020, the court denied Defendant's Petition to Compel Arbitration, ruling the enforcement of Defendant's arbitration ...
2022.03.21 Motion to Substitute Plaintiffs 757
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.03.21
Excerpt: ...Jeffrey B. Panosian and Dr. Claire B. Panosian: Patrick A. Hennessey and Anish J. Banker, Palmieri, Hennessey & Leifer, LLP For Defendant Bristol Farms dba Lazy Acres Market: Carl L. Grumer and Noro Mejlumyan, Manatt, Phelps & Phillips, LLP For Defendant HUB International Insurance Services, Inc.: Stephen P. Soskin, Charlston, Revich & Wollitz LLP TENTATIVE RULING: Plaintiffs' Motion For Order Allowing Substitution of Party Plaintiffs is granted....
2022.03.21 Motion to Quash Subpoena, to Quash or Limit Subpoena 946
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.03.21
Excerpt: ... Defendant Matef Harmachis to Quash Subpoena to Commission on Teacher Credentialing (2) Motion of Defendants SBUSD to Quash Subpoena to SB District Attorney ATTORNEYS: For Plaintiff Jane OB Doe: Morgan A. Stewart, Saul E. Wolf, Christina J. Nolan, Manly Stewart Finaldi For Defendant Santa Barbara Unified School District: Susan L. Oliver, Harry W. Harrison, Marianne Gordon, Tyson & Mendes For Defendant Matef Harmachis: Louis R. Dumont, John J. Str...
2022.03.21 Motion to Compel Further Responses 108
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.03.21
Excerpt: ...t Dr. Katherine Kim: Christopher L. Walters TENTATIVE RULING: (1) The motion of plaintiff Dr. William Burgess to compel further responses to discovery from defendant Dr. Katherine Kim is granted in part, denied in part, and continued in part. The motion is granted to require defendant to serve, on or before April 1, 2022, verified further responses to special interrogatories, set one, Nos. 8 and 29, in a form complying with the Code of Civil Proc...
2022.03.21 Motion for Summary Judgment 498
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.03.21
Excerpt: ...aw Offices of Schneider & Holtz TENTATIVE RULING: For the reasons set forth herein, the motion of defendants Payatt Enterprises, Inc., and Taco Bell Corp. for summary judgment is denied. Background: On October 22, 2020, plaintiff Tasha Pitsenbarger filed her complaint in this action asserting claims for negligence, strict liability in tort, and breach of the implied warranty of merchantability. The complaint alleges personal injury to Pitsenbarge...
2022.03.21 Motion for Summary Adjudication 448
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.03.21
Excerpt: ... a wrongful termination action, arising from plaintiff Lucy Bernal's (Bernal) former employment with defendant Ghitterman, Ghitterman & Feld (GGF) as, among other things, a case worker. The complaint, filed on March 13, 2020, alleges causes of action for (1) disability discrimination in violation of the Fair Employment and Housing Act (FEHA), (2) retaliation in violation of FEHA, (3) failure to prevent discrimination and retaliation in violation ...
2022.03.17 Petition to Compel Arbitration 450
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.03.17
Excerpt: ..., LLC, a civil engineering company and member of the Southern California General Contractors Association (“SCCA”). Respondent is Charlie Briggs, Jr., a member of the International Union of Operating Engineers, Local Union No. 12, which is affiliated with the Building and Construction Trades Department of the AFL-CIO (“Operating Engineers Union”). Respondent seeks to recover unpaid wages, waiting time penalties, and damages from petitioner...
2022.03.14 Demurrer 506
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.03.14
Excerpt: ...asquez, Law Office of Cristi Michelon Vasquez For Defendant Linda Cathleen Dav Duntlev: No Appearance TENTATIVE RULING: 1. The General and Special demurrer of Defendant Smitty's Towing to Plaintiff's Complaint is overruled in its entirety. 2. Defendant Smitty's Towing shall file and serve its Answer to Plaintiff's Complaint on or before March 24. 2022. 3. Smitty's Towing shall also provide notice of this ruling to Plaintiff at all known addresses...
2022.03.14 Motion for Preliminary Approval of Class Action Settlement and PAGA Settlement 197
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.03.14
Excerpt: ...Yocca Carlson & Rauth, APC for defendants TENTATIVE RULING: The motion for preliminary approval of class action settlement, and for approval of PAGA settlement, is granted. Background: This is a wage and hour action, filed March 24, 2021, in which plaintiff's original complaint alleged causes of action for (1) failure to pay minimum wages, (2) failure to pay overtime compensation, (3) failure to provide meal periods, (4) failure to authorize and ...
2022.03.11 Motion for Summary Judgment 591
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.03.11
Excerpt: ...e pleading is plaintiffs' third amended complaint (“TAC”), filed on February 4, 2021, for (1) quiet title to express easement and rights of use granted by recorded instrument, (2) quiet title to all water flowing from the subject spring, (3) quiet title to fixtures, (4) declaratory relief, (5) injunctive relief, (6) conversion of personal property, (7) breach of contract, (8) prescriptive easement, (9) equitable easement, and (10) implied eas...
2022.03.11 Petition for Writ of Mandate 444
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.03.11
Excerpt: ...n. (Administrative Record [AR] 14.) Bly was monitoring vehicular traffic on El Colegio Road near the UCSB Student Health Building. (Ibid.) As parked, Bly had a clear view of both eastbound and westbound traffic along this stretch of El Colegio Road. (Ibid.) At that time, Sergeant Bly observed a silver Mercedes sedan with tinted windows traveling at a high rate of speed, estimated by Bly to be 60 m.p.h. as it rapidly accelerated past another vehic...
2022.03.08 Motion for Preliminary Injunction 995
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.03.08
Excerpt: ...otion for a preliminary injunction is continued to March 29, 2022, at 10:00 a.m. The temporary restraining order issued by the Court remains in effect until disposition of this motion for a preliminary injunction or upon further order of the Court. As set forth herein, on or before March 11, 2022: (1) plaintiff Eileen Lazar shall file and serve an amended appendix of exhibits to include all of the exhibits she previously filed with the court in a...
2022.03.08 Motion for Attorney Fees, to Tax Costs 676
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.03.08
Excerpt: ... total of $37,861.57 in recoverable costs. Background This action arose from a motor vehicle accident which occurred on September 8, 2017, in Goleta. Plaintiff Justin Kaufman alleged that he was westbound on Calle Road (sic—Calle Real) at the intersection of Valdez Avenue, when he was hit by a vehicle operated by defendant Virginia Bryant, as defendant was making a left turn onto Calle Real, and failed to yield to oncoming traffic. Plaintiff's ...
2022.03.08 Demurrer, Motion to Strike 118
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2022.03.08
Excerpt: ...cas only); 2) negligent (all defendants); 3) negligent infliction of emotional distress –direct victim (all defendants); 4) negligence (all defendants); 5, 6, and 7) negligent infliction of emotional distress – bystander; and 8) negligent hiring (Orcutt Burgers and Zafiris only). On November 8, 2019, Christopher Clayton, while in Orcutt Burgers on Clark Ave., was falsely accused by defendants of possessing, carrying, concealing, and/or brandi...
2022.03.08 Demurrer 757
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2022.03.08
Excerpt: ... (collectively, defendants) for breach of contract, breach of the implied covenant of good faith and fair dealing, fraud/deceit, negligent misrepresentation, conspiracy to defraud, breach of fiduciary duty, and violations of Business and Professions Code section 17200, et seq. Briefly, plaintiff alleges that defendants, who agreed to invest in renovations necessary for the occupancy at 921 W. Laurel Ave., Lompoc, had in reality “no intentions o...
2022.03.07 Petition for Minor's Compromise 090
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.03.07
Excerpt: ...TATIVE RULING: The petition will be granted. Background: This action arises from an automobile accident which occurred on April 27, 2018 on the US 101 northbound, 400 feet north of Los Positas Road, in Santa Barbara. According to the complaint, filed September 23, 2019, defendant Alma Medina negligently operated a vehicle owned by Edgar Fulbright, in a manner which caused injury to plaintiffs Rodney Nall and Teri Nall. In addition to Motor Vehicl...
2022.03.07 Motion for Preliminary Approval of Class Action and PAGA Claim Settlement 197
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.03.07
Excerpt: ...cca Carlson & Rauth, APC for defendants TENTATIVE RULING: The hearing on this matter is continued for one week, to March 14, 2022. As explained below, while the motion seeks approval of a proposed class notice to be provided to the absent class members, that notice was not included in any documents filed with the Court. Based upon the other information before the Court, it intends to grant preliminary approval of the class settlement, and approva...
2022.03.07 Demurrer, Motion to Strike 499
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.03.07
Excerpt: ...mes Allen Carr and Cross-Defendant Barbara J. Thurman Monica M. Robles for Defendant and Cross-Complainant Rikardo Gonzalez TENTATIVE RULING: The demurrer of defendant Rikardo Gonzalez to plaintiff James Allen Carr's first cause of action for breach of contract is overruled. The demurrer of defendant to plaintiff's second cause of action for fraud by concealment is sustained without leave to amend. The motion of defendant to strike plaintiff's cl...
2022.03.04 Motion for Approval of PAGA Settlement 238
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.03.04
Excerpt: ...§ 226.7); (3) rest break violations (Labor Code § 226.7); (4) waiting time penalties (Labor Code § 203); (5) unreimbursed mileage (Labor Code §§ 221, 2802); (6) wage statement violations (Labor Code § 226(a)); (7) violation of Labor Code § 204; and (8) unfair business practices. After defendant filed a petition to compel arbitration and motion to stay litigation, plaintiffs filed a first amended complaint adding a ninth cause of action for...
2022.03.04 Demurrer 501
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.03.04
Excerpt: ...is fourth amended complaint on or before March 21, 2022. Leave to amend is limited to amendments to the causes of action to which the court sustains the demurrer; to the extent plaintiff seeks to add any additional causes of action, plaintiff must make a noticed motion seeking leave to amend as provided in California Rules of Court, rule 3.1324. Background: As alleged in plaintiff Robert Stiglmier's third amended complaint (TAC): On October 20, 2...
2022.03.04 Motion for Protective Order 820
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.03.04
Excerpt: ...l landlord/management company. Plaintiff Grant Beall is a former tenant in a house located at 6606 Del Playa, Isla Vista, California (the “Premises”). The Premises is owned and managed by defendant Ronald Wolfe & Associates, Incorporated dba Wolfe & Associates Property Services. Plaintiff resided at the Premises pursuant to a written lease agreement with defendant, but was later served with a notice of termination of tenancy. Plaintiff allege...
2022.03.04 Motion to Perpetuate Testimony 217
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.03.04
Excerpt: ... she saw a microwave lying in the roadway directly in front of her. Donaldson slammed on her brakes and was rear ended by a tractor-trailer driven by Funyas Masih and owned by petitioner NSP Transportation, Inc. (“NSP”). It is believed that the owner of the truck from which the microwave fell is Tori Anne Thornburgh (“Thornburgh”). Richard A. Marks (“Marks”) witnessed the collision and provided a statement to the California Highway Pa...
2022.03.01 Motion to Strike Punitive Damages 339
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.03.01
Excerpt: ...aintiff's first amended complaint is granted, with leave to amend. Any amended pleading shall be filed on or before March 14, 2022. BACKGROUND This is an action for personal injuries. Plaintiff is Emily Barrey. Defendants are Ross Stephens Watters (“Watters”) and the Estate of Diane Stephens, Deceased (“Estate”). Watters is the personal representative of Estate. On March 1, 2021, plaintiff entered into a written lease agreement with Watte...
2022.02.28 Motion to Try State of Limitations Defense, for Summary Adjudication, for Summary Judgment 591
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.02.28
Excerpt: ...ross-Defendant The Las Canoas Company dba Construction Plumbing; Motion for Summary Adjudication of Cross- Defendant Creston Electronics, Inc. ATTORNEYS: Barton C. Merrill for Plaintiff McCoy Electric Corporation Richard H. Gluckman for Cross-Defendants McCoy Electric Corporation and Richard Ray McCoy Patrick C. McGarrigle for Defendants and Cross-Complainants Annette Rubin and A. Stewart Rubin Gabriel Z. Reynoso for Cross-Defendant Monterey Ener...
2022.02.28 Motion to Quash Summons 042
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.02.28
Excerpt: ...ld of Siege Law PC for defendant TENTATIVE RULING: The motion to quash is denied; defendant's time to file his responsive pleading is extended, by operation of law, until 15 days after service of notice that this motion to quash has been denied. Background: Plaintiff's verified complaint to quiet title, for cancellation of instruments, and for fraud, was filed on December 27, 2021. The complaint alleges that defendant is a nominal owner of two pr...
2022.02.28 Motion to Compel Responses to Subpoena, for Production of Business Records, for Monetary Sanctions 437
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.02.28
Excerpt: ...poena for Production of Documents in Action Pending Outside California ATTORNEYS: For Petitioner R.L. Mlazgar Associates, Inc.: Michelle R. Generaux, Devin E. Murtaugh, Murtaugh Treglia Stern & Deily LLP For Respondent-Deponent BEGA North America, Inc.: Rafael Gonzalez, Daniella R. Scoscia-Regencia, Sean Stratford-Jones, Mullen & Henzell L.L.P. TENTATIVE RULING: The petition of R.L. Mlazgar Associates, Inc., to compel compliance with a subpoena f...
2022.02.25 OSC Re Sanctions, Motion to Compel Further Responses 645
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.02.25
Excerpt: ... Raytheon Company to serve further verified responses, without objection except as to privilege, on or before March 14, 2022, to request Nos. 96 through 105. To the extent that defendant asserts an objection on the grounds of privilege, defendant shall also serve a privilege log identifying each responsive document withheld on the ground of privilege and the request(s) for which the document is responsive, and providing sufficient additional info...
2022.02.25 Motion to Compel Responses 042
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.02.25
Excerpt: ...sician assistant. Defendant is Cottage Health (“Cottage”), a California corporation doing business in Santa Barbara, California. Plaintiff was first hired by Cottage as a physician assistant in pediatric surgery in July 2009 and worked for Cottage for more than a decade. In November 2017, Cottage hired Dr. Robert Kanard as its Chief of Pediatric Surgery. As the only pediatric surgical physician assistant at Cottage, plaintiff assisted Dr. Kan...
2022.02.25 Motion for Preference 013
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.02.25
Excerpt: ... the left cheek, causing severe facial injuries. The operative First Amended Complaint, filed April 5, 2021, alleges causes of action for strict liability and negligence against the Hill defendants based upon the bite inflicted by their dog, and a cause of action for negligence against Cordero, based upon her failure to exercise reasonable care for Carter when she allowed him to come in contact with Dakota Hill and Tsuki at the beach. All defenda...
2022.02.25 Motion for Attorney Fees 720
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.02.25
Excerpt: ...,000. Plaintiff landlords served a sixty-day notice of termination of tenancy upon defendant tenants. The notice was personally served upon defendant Martha A. Toledo-Aguilar on July 15, 2021, and substitute served upon defendants Jesus Rodriguez-Santa Cruz and Nayely Rodriguez-Toledo, through such service on Martha A. Toledo-Aguilar. The notice set forth the basis of the termination as plaintiff's intent to have the premises occupied by their ch...
2022.02.22 Demurrer or Motion for Judgment on the Pleadings 773
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2022.02.22
Excerpt: ...emy Rubin and his agent Eduardo Robles Correa purchased the property as Premier Real Estate Investments, LLC and “flipped” it for a quick profit. In fact, Robles advised plaintiffs to retain his colleague Vivian La Fuente as their agent in order to proceed with the contract. Once plaintiffs “took control” of the property, they discovered that it was infested with mold. They allege that defendants actively concealed this condition in order...
2022.02.22 Motion for Summary Adjudication 279
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.02.22
Excerpt: ...ckground This action (the Whitehead action) arises out of an Amtrak passenger bus collision on January 18, 2019 (the incident). (Whitehead First Amended Complaint [FAC], ¶ MV‐1; Plaintiff's Exhibits, exhibit 4.) The bus was driven by defendant Laura Mae Gish. (Ibid.) As a result of the incident, Gish was arrested for driving under the influence of drugs, specifically, methamphetamine. (Plaintiff's Exhibits, exhibit 5.) Gish was driving the bus...
2022.02.22 Motion for Terminating Sanctions 732
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.02.22
Excerpt: ...ersonal injuries arising out of an automobile v. pedestrian accident. Plaintiff is Elisa Salvador. Defendant is George Abel Galindo. According to the allegations, on September 11, 2018, plaintiff was crossing W. Arrellaga Street in Santa Barbara when she was struck by an automobile owned and operated by defendant, causing injury. On August 25, 2020, plaintiff filed her complaint alleging a single cause of action for negligence. Plaintiff seeks da...
2022.02.18 Motion to Strike, for Terminating Sanctions 877
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.02.18
Excerpt: ..., 2022, to March 18, 2022, to permit defendants an opportunity to evaluate whether they wish to proceed with the motion in its current form, or to withdraw it and potentially file a new motion to reflect the current posture of the case. If defendants determine that they will go forward on that date with the motion in its current form, they must advise plaintiff of that fact no later than Monday, February 28, 2022, in order for plaintiff to have s...
2022.02.18 Motion for Good Faith Settlement 943
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.02.18
Excerpt: ...ipuedes, Santa Barbara, California. Both buildings are Quonset structures, which are lightweight prefabricated structures of corrugated galvanized steel with semi-circular cross-sections. On February 17, 2015, plaintiff entered into a written agreement with defendant Burke Advisors, Inc., dba Burke Construction Advisors (“Burke Construction”), a licensed general contractor, for work on the exterior of the buildings, including installing new c...
2022.02.18 Demurrer 155
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.02.18
Excerpt: ...ire Wiswall, PA-C (“Wiswall”). As alleged in the complaint, plaintiff consulted Wiswall of Santa Barbara Skin Care for dermatological care and removal of a mole on her nose. Wiswall advised plaintiff that her mole could not be reduced or removed through laser treatments and referred plaintiff to Sheffield, a dermatologist and surgeon, also with Santa Barbara Skin Care. Thereafter, Sheffield performed two surgeries on plaintiff's nose, the fir...
2022.02.15 Motion to Strike 237
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.02.15
Excerpt: ...ion of defendant American Honda Motor Compan y, strikin g all portions of plaintiff's complaint that alle ge, or relate to, punitive dama ges a gai granted without leave to amend. BACKGROUND This is a personal injury action arising out of an incident involving an all-terrain vehicle (“ATV ” Fuerte Calderon. Defendants are Stargate Ranch, LLC (“Ranch”) and American Honda Motor C (“Honda”). Plaintiff is a farm laborer and on the day of ...
2022.02.15 Motion for Summary Judgment 270
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.02.15
Excerpt: ... on Cross-Complaint RULING The motion of Champlin/GEI Wind Holdings, LLC for summary judgment or alternatively summary adjudication on its complaint is granted in part and denied in part. Summary adjudication is granted on its second cause of action for declaratory relief but denied on its first and third causes of action for breach of contract and for preliminary and permanent injunctions. The motion of Champlin/GEI Wind Holdings, LLC for summar...
2022.02.15 Demurrer, Motion to Strike 982
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.02.15
Excerpt: ... Defendant Preferred Bank: Michael E. Bubman, Scott H. Noskin, Mirman, Bubman & Nahmias, LLP Emails: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] HEARING (1) Demurrer of Defendant to Complaint (2) Motion of Defendant to Strike Portions of Complaint RULING (1) For the reasons set forth herein, the...
2022.02.15 Demurrer, Motion to Strike 829
Location: Santa Barbara
Judge: Rigali, James F
Hearing Date: 2022.02.15
Excerpt: ...area for cannabis cultivation. Defendants Francine Shulman and Emerald Sky Agricultural Acquisition, LLC wanted to buy and develop the property to grow cannabis. In July 2017, plaintiffs agreed to sell, and Ms. Shulman and Emerald Sky agreed to purchase, Wellsprings Ranch. They entered a Purchase and Sale Agreement (PSA) for $7.5 million dollars. Escrow was to close on January 15, 2018. Shulman wanted to occupy the property prior to close of escr...
2022.02.15 Demurrer, Motion to Strike 119
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2022.02.15
Excerpt: ...plaint RULING (1) For the reasons set forth herein, the demurrer of defendants Shoreline Farms LLC and Aviana Kjos to the first amended complaint of plaintiff David Matthew Kilrain is sustained with leave to amend. Plaintiff Kilrain shall file and serve his second amended complaint on or before March 2, 2022. (2) Because the demurrer is sustained, the motion of defendants to strike portions of the first amended complaint is moot and is ordered of...
2022.02.07 Motion to Strike 109
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.02.07
Excerpt: ...tt Jedrzek for Defendant Delta Psi Chapter of Delta Tau Delta TENTATIVE RULING: The motion of defendant Delta Tau Delta, a National Fraternity, for an order striking the punitive damage claims alleged against it, is granted as to the moving defendant only without leave to amend. BACKGROUND: This is a dog bite case. Plaintiff is Marlena Hughes. Defendants are Delta Tau Delta, a National Fraternity, Delta Psi Chapter of Delta Tau Delta, and various...
2022.02.07 Motion to Compel Further Responses, for Sanctions 757
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.02.07
Excerpt: ...Insurance Services, Inc. to compel plaintiff to provide further responses to Form Interrogatories, set two, and for sanctions ATTORNEYS: Patrick A. Hennessey / Anish J. Banker / Joseph A. Schwar of Palmieri, Hennessey & Leifer, LLP for plaintiffs Jeffrey A. Charlston / Stephen P. Soskin of Charlston, Revich Harris & Hoffman, LLP for defendant HUB International Insurance Services, Inc. Carl L. Grumer of Manatt Phelps & Phillips LLP for defendant B...
2022.02.07 Motion for Summary Adjudication 207
Location: Santa Barbara
Judge: Sterne, Colleen
Hearing Date: 2022.02.07
Excerpt: ..., Inc. ATTORNEYS: For Defendant, Cross-Complainant, and Cross-Defendant John Kenney Construction, Inc.: Scott Monroe, Messner Reeves LLP For Defendant, Cross-Complainant, and Cross-Defendant Big Red Crane Company, Inc.: George Knopfler, Douglas K. Lackey, Ruzan Stepanyan, Hamrick & Evans, LLP TENTATIVE RULING: For the reasons set forth herein, the motion of cross-defendant John Kenny Construction, Inc., for summary adjudication of the cross- comp...
2022.02.04 Motion to Transfer 938
Location: Santa Barbara
Judge: Geck, Donna
Hearing Date: 2022.02.04
Excerpt: ...ocedure section 399. Background: Plaintiffs Craig Jenkins (Jenkins) and BC Entertainment, Inc. (BDC) filed this action on September 14, 2020, against defendants Fornati Kumeh (Kumeh), Results May Vary, LLC (RMV), and ENT Legends Concerts, LLC (ENT). It alleges that this court is the proper court because a defendant entered into the contract here, and the contract was to be performed here. The complaint alleges causes of action for breach of contr...

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