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2024.01.10 Motion to Lift Stay, Dissolve Preliminary Injunction, Petition for Writ of Mandate, to Reconsider 299
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2024.01.10
Excerpt: ...ty"]: Barbara A. Carroll; Callie Patton Kim Issue (1) Hearing on return on Remittitur; (2) County's request to lift the stay", (3) to dissolve the preliminary injunction; (4) to deny the Petition for writ of mandate and (5) to reconsider this Court's ruling on the 1st cause of action in the County's Cross-complaint. Rulings 1. The Court lifts the stay of the litigation in its entirety imposed on June 12, 2023. 2. The Court immediately dissolves t...
2024.01.03 Motion to Tax Costs 898
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2024.01.03
Excerpt: ...nty Counsel RULING For all reasons discussed herein, plaintiff Linda Cobb's Motion to Tax Costs of the County of Ventura is denied. The County of Ventura shall recover all costs contained in its memorandum of costs filed and served on November 17, 2023. Background Plaintiff Linda Cobb filed her complaint in this matter on August 8, 2022, alleging three causes of achon against defendants the Superior Court of California for the County of Ventura (...
2024.01.03 Motion to Compel Further Responses, for Sanctions 453
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2024.01.03
Excerpt: ...rther responses to requests for production of documents (set one) and for sanctions is denied in its entirety. Background This action was commenced on April 6, 2023, by the filing of the complaint by Tyler Powell against Defendant General Motors, LLC ("GM"). The complaint alleges causes of action as follows: (1) Violation of Civil Code section 1793.2, subdivision (d); (2) Violation of Civil Code section 1793.2, subdivision (b); (3) Violation of C...
2024.01.03 Demurrer to FAP for Writ of Mandate 359
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2024.01.03
Excerpt: ...sustained without leave to amend. Background On August 3, 2023, John De Herrera (petitioner) filed a verified document titled "extraordinary writ of execution and ejection and sequestration" (the petition) against respondent the Attorney General of the State of California (the Attorney General). Petitioner is a professional artist and educator who lives and works in the City of Santa Barbara. Petitioner alleged that in 2014, a 23-acre property lo...
2023.12.27 Motion for Sanctions 147
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.12.27
Excerpt: ...catello, John Williams, and Ron Donaire: Robert B. Forouzandeh, Andrew Hazlett, Reicker, Pfau, Pyle & McRoy LLP For Defendant (as nominal Defendant) and Cross-complainant DelPlaya Media, Inc.: John J. Thyne Ill, Thyne Taylor Fox Howard, LLP Emails: [email protected]; [email protected]: [email protected]: rforouzandeh@rp [email protected]; [email protected]; RULING For all reasons discussed herein, Defendants' motion for sanctions i...
2023.12.20 Motion to Compel Deposition Answers 676
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.12.20
Excerpt: ...ch; Patrick J. Glinka Attorneys for Defendant/cross-complainant, Alberto Santiago Sigala; ["Sigala"l; David Holnagel, Matthew P. Stone, Stone Kalfus Attorneys for Defendant Commodity Trucking Acquisition dba Tri County Transportation ["Commodity"]: David J. Byassee, Shannon Lamb, Jose Yanez, Plain Legal PC Attorneys for Jonathan Jair Montoya and Aida Araceli Fierros Villarreal ["Montoya" and "Villarreal"]: Robert L. Reisinger Attorneys for Jonath...
2023.12.20 Demurrers, Motion to Strike 404
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.12.20
Excerpt: ...iled by Schwobs against the Crosbys. County's demurrer and motion to Strike the First Amended Verified Complaint for Damages and Injunctive Relief filed by Schwobs. Rulings Since there is no opposition, the demurrers and motion to strike are granted. The Court believes there will be no opposition against the filing of the 2AC; please meet and confirm. If there is no opposition the Court will grant the request to file the 2AC attached to the Plain...
2023.12.20 Demurrer, Motion to Strike 132
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.12.20
Excerpt: ... Reynolds: Gabriella L Sternfeld, David A. Napper, Gregory K. Sabo For Defendant Patrick Leahy: Self-Represented RULING For the reasons set forth herein: 1. The demurrer of defendants Wollum and Reynolds, to plaintiffs' second amended complaint, is sustained in part and overruled in part as follows: 2. The demurrer is overruled as to the first cause of achon for elder abuse, the fourth cause of action for intentional infliction of emotional distr...
2023.12.13 Motion to Compel Further Responses 139
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.12.13
Excerpt: ...ant David Ellinwood to compel further response to written discovery is granted. On or before January 16, 2024, Plaintiff Marcus E. shall serve verified further responses to Defendant Ellinwood's form interrogatories, set one, special interrogatories, set one, and request for production of documents, set one, without objection except as to privilege and in a form complying with the Code of Civil Procedure. To the extent that Plaintiff withholds an...
2023.12.13 Motion for Summary Judgment, Adjudication 279
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.12.13
Excerpt: ...iscussed herein, the motion of Defendants Anthony C. Romero, M.D., and Santa Barbara Orthopedic Associates, Inc., for summary judgment or, in the alternative, summary adjudication, is granted. Defendants shall submit a proposed order in accordance with this ruling. The Trial date of 1/24/24 is vacated. Background Plaintiff Cesar Peralta filed his operative first amended complaint (FAC) in this matter on September 19, 2022, against Defendants Anth...
2023.12.13 Demurrer 682
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.12.13
Excerpt: ...For Defendant Roy T. Begun: Self-Represented For Defendant Mike Phelan: Christopher M. Cotter For Defendant Kenneth Lee Tippery: Self-Represented For Defendants Natalia Kyme Stallworth and The Estate of Natalia Kyme Stallworth: No appearance RULING For the reasons set forth herein: The demurrer of California Highway Patrol to Plaintiffs' complaint is sustained with leave to amend. Plaintiffs shall file and serve their first amended complaint, if ...
2023.12.06 Motion for Summary Judgment 430
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.12.06
Excerpt: ... 2/7/24 and the MSC date of 1/19/24 are confirmed. The final CMC set for 12/13/23 is vacated. Background On June 28, 2022, Plaintiff Carizona Properties (Carizona) filed its complaint against Defendants FRI-M, LLC (FRI-M), and Sharis CP, LLC (Sharis CP) (collectively, Defendants). The Judicial Council form complaint asserts one cause of action for breach of contract. As alleged in the complaint: On December 20, 1973, Carizona entered into a writt...
2023.12.06 Motion to Compel Responses, for Sanctions 712
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.12.06
Excerpt: ... not provided to the propounding party prior to the hearing on the motion. Sanctions are a deemed admissions motion. Sanctions are awarded in the amount of $6,000 and to be paid by the Defendant and/or Defendant's counsel by 1/1/24. Analysis There are 2 motions to compel any discovery responses, and one motion for deemed admissions, set for hearing; Defendant opposed the motions on several grounds, which are fully set forth in their papers: (1) C...
2023.12.06 Motion to Withdraw as Attorney 573
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.12.06
Excerpt: ...1. Motion to Withdraw: The proposed order attorney Mr. Lynn submitted cannot be signed as is and must be resubmitted for signature after correction by the attorneys. They provide that the attomey is relieved as counsel of record effective 9/12/23—which is simply improper. The Court does not grant these motions retroactively. It should be resubmitted, with No. S.a. checked (which provides that "[a]ttorney is relieved as counsel of record for cli...
2023.11.29 Petition for Writ of Mandate, Application to Seal Memorandum of Points and Authorities 230
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.11.29
Excerpt: ...G (1) For all reasons discussed herein, the verified petition for writ of mandate of Petitioner Jay Hotchner is denied. (2) For all reasons discussed herein, the application to seal the memorandum in support of Petitioner Jay Hotchner's writ of mandate is denied. Petitioner's memorandum of points and authorities in support of Petitioner's writ of mandate, lodged conditionally under seal on Cktober 13, 2023, shall be filed in the public record. (3...
2023.11.29 Motion for Leave to File Amended Complaint, to Seal 450
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.11.29
Excerpt: ...all be filed by 12/4/23. 2. The motion to seal is granted. Counsel to submit to the Court a order which satisfies the requirements of Rule 2.55(Md) and (e). 3. The Trial [hte of 1/31/24 is continued to 5/29/24; the MSC set for 1/5/24 is continued to 5/2/24; another CMC is set for 3/27/24 at 8:30am. Motion to file a AC Pursuant to Code of Civil procedure section 473(a)(1), the Court may, in furtherance of justice, and on any terms as may be proper...
2023.11.29 Motion for Judgment on the Pleadings 157
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.11.29
Excerpt: ...e motion of Defendant Roe 2 for judgment on the pleadings is denied. Background As alleged in the first amended complaint (FAC): Defendant Roe 1 was the principal at a public elementary school owned by Defendant Roe 2 and located in Santa Barbara County, California. (FAC, GN-I [first cause of action], Prem.L-3 & L-5.a [second cause of action], IT-I [third and fourth causes of action].) Between 1972 and 1976, during the time Ræ 1 was employed as ...
2023.11.29 Motion for Bifurcation 171
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.11.29
Excerpt: ..."Inzunza") is represented by German A. Marcucci, Dominique Sicari, Cross Defendant Lowe's Home Centers, LLC ["Lowe's" and sometimes "Lowes"] is represented by Joan E. Cochran, Lisa Kralik Hansen, Deborah A. Smillie Issue Inzunza's Motion for Bifurcation. Ruling Inzunza's motion for bifurcation is DENIED. The matter will be tried in a single jury trial, with a subsequent judicial determination of contractual indemnity issues, and/or any other issu...
2023.11.22 Motion to Set Aside Judgment 588
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.11.22
Excerpt: ...set forth herein: 2. 3. As Plaintiff's opposition to the motion was filed 14 calendar days late, the hearing on this matter is continued to December 27, 2023, at 10M a.m. Defendants' reply brief shall be filed and served no later than December 13, 2023. Plaintiff shall give notice to all parties of this ruling and file a prcx)f of service of same. Background This action was commenced on November 18, 2022, by the filing of the complaint by Plainti...
2023.11.22 Motion for Leave to File FAC 171
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.11.22
Excerpt: ...Defendant/Cross-Complainant/Cross-Defendant Inzunza Trucking Corp.: German A. Marcucci, Dominique Sicari For Plaintiff USAA Casualty Insurance Company as Subrogee of Kristin Fraser: Kellie Terhyufen Issue Plaintiffs Kristin Fraser's and Jason Lloyd's Motion for Leave To File a First Amended Complaint Ruling The Motion is DENIED Plaintiffs' Moton Filed 10/13/23; set hearing for 11/22/23; 44 pages; summarized; seeks leave to file a First Amended Co...
2023.11.22 Motion for Entry of Judgment 811
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.11.22
Excerpt: ...nd judgment for the Court's signature. The Court shall retain jurisdiction over the parties to enforce the settlement until in full of the terms of the settlement. Background This action commenced on May 4, 2021, by the filing of the judicial council form complaint by Plaintiff Santa Barbara Cardiovascular Medical Group, Inc. (SBCMG) against Defendants PRS Credentialing Services, LLC (PRS) and Larry G. DeHoyos. The complaint contains causes of ac...
2023.11.15 Motion to File Under Seal Docs 608
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.11.15
Excerpt: ...ile under seal of Plaintiff John Doe #3 is granted. Plaintiff's exhibits 7, 8, and 19, which were lodged with this Court on August 16, 2023, in support of Plaintiff's opposition to Defendant Santa Barbara Unified School District's motion for summary judgment, are ordered filed under seal. No other Court records or records relating to the case are to be sealed at this stage of the proceedings. Only the Court, the parties named in this action and t...
2023.11.15 Motion to Compel Arbitration 710
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.11.15
Excerpt: ...acific Premier Bank to compel arbitration is granted. Plaintiff's claims against Defendant shall to arbitration. This litigation shall be stayed the completion of arbitration. The Court will set a follow-up CMC for 11/20/24 at 8:30am dismiss the case if everything is done. Background This action relates to the disbursement of insurance proceeds following a fire at property owned by the Gregg Welsh Revocable Trust U/T/D dated August 31, 2015 (the ...
2023.11.15 Motion for Summary Judgment, for Terminating Sanctions, to Strike Answer 982
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.11.15
Excerpt: ...ant 1604 Sunset Plaza LLC: unrepresented For Plaintiff and Cross-Defendant Elliot Lander: Self-Represented For Defendant and Cross-complainant Preferred Bank: Michael E. Bubman, Mirman, Bubman & Nahmias, RULING For the reasons set forth below: 2. 3. 4. Defendant Preferred Bank's motion for summary judgment is granted. Defendant Preferred Bank's motion for terminating sanctions is granted. The trial date of 11/29/23 is ordered off calendar. Prefer...
2023.11.15 Motion for Preliminary Approval of Class Action Settlement 162
Location: Santa Barbara
Judge: Anderle, Thomas
Hearing Date: 2023.11.15
Excerpt: ...ourt has reviewed the proposed order submitted with the motion and intends on signing the same. The relevant terms include: 2. 3. 4. 5. 6. Preliminary approval of the settlement set forth in the Class Action Settlement Agreement is granted; The settlement class is conditionally certified; Cristina Calzada-Guido is provisionally as the representative of the settlement class; Arby Aiwazian, Joanna Ghosh, and Yasmin Hosseini of Lawyers for Justice, ...

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